Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 1 st February 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: Full Planning application Amended layout from approval A/2004/0462/F with reduction from 166 units to 155 units comprised of 12 no. detached, 86 no. semi-detached and 57 townhouses. Lands immediately to the east of Primity Crescent, Primity Park and Silverbrook Park, Newbuildings G R Homes Mr David McMaster ADVERTISEMENT: 28.07.2010 STATUTORY EXPIRY: 18.08.2010 RECOMMENDATION: Refusal 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 www.planningni.gov.uk 1. Description of Proposed Development This application is for an amended layout from approval A/2004/0462/F with reduction from 166 units to 155 units comprised of 12no. detached, 86no. semi-detached and 57 townhouses. 2. EIA Determination An EIA determination was carried out as the site is greater than 0.5ha; however, it was determined that no Environmental Statement was required as there would be no significant environmental impacts.
3. Site and Surrounding Area The proposed site is approx. 6.8 ha of agricultural land, the vast majority of which is identified as white land within the Derry Area Plan 2011. A portion of the site adjacent to Primity Crescent is zoned as open space. The site is at the edge of the Settlement limits of Newbuildings village. Application site in the context of existing developments Silverbrook Park, Primity Park and Primity Crescent The topography of the site rises from Gortinure Road to quite steeply within the site, with the highest slopes at the eastern part of the site, and then falls towards the dwellings in Primity Park and Silverbrook Park. There are a number of mature trees and hedgerows established on the site s boundaries.
The site is located in an established residential area, with existing housing developments located to the west of the site. These comprise of single storey detached bungalows at Silverbrook Park, and twostorey terrace dwellings and bungalows at Primity Park and two-storey terrace dwellings at Primity Crescent. View of site from Gortinure Road, existing dwellings at Silverbrook Park to the right of the photograph Application site boundary with link from Primity Crescent. Existing dwellings back onto the site and are separated from the site by green open space
View of application site from Primity Park 4. Site Constraints The site is within close proximity to a potential archaeological site or monument. Historic Environment Division has been consulted on the application. See later section in this report. 5. Neighbour Notification Report All relevant neighbours have been notified on the application. Reference Number Neighbour Address Date Neighbour Notified 64 Silverbrook Park,Primity,New Buildings,BT47 66 Silverbrook Park,Primity,New Buildings,BT47 3 62 Silverbrook Park,Primity,New Buildings,BT47 4 60 Silverbrook Park,Primity,New Buildings,BT47 5 58 Silverbrook Park,Primity,New Buildings,BT47 6 56 Silverbrook Park,Primity,New Buildings,BT47 54 Silverbrook Park,Primity,New Buildings,BT47 52 Silverbrook Park,Primity,New Buildings,BT47 9 50 Silverbrook Park,Primity,New Buildings,BT47 10 48 Silverbrook Park,Primity,New Buildings,BT47 11 46 Silverbrook Park,Primity,New Buildings,BT47 1 2 7 8
12 13 14 15 16 17 18 19 20 44 Silverbrook Park,Primity,New Buildings,BT47 42 Silverbrook Park,Primity,New Buildings,BT47 40 Silverbrook Park,Primity,New Buildings,BT47 38 Silverbrook Park,Primity,New Buildings,BT47 36 Silverbrook Park,Primity,New Buildings,BT47 34 Silverbrook Park,Primity,New Buildings,BT47 32a,Silverbrook Park,Primity,New Buildings,BT47 31&33,Primity Park,Primity,New Buildings,BT47 2RQ 35&37,Primity Park,Primity,New Buildings,BT47 2RQ 21 39 Primity Park,Primity,New Buildings,BT47 2RQ 22 41 Primity Park,Primity,New Buildings,BT47 2RQ 23 43 Primity Park,Primity,New Buildings,BT47 2RQ 24 45 Primity Park,Primity,New Buildings,BT47 2RQ 25 47 Primity Park,Primity,New Buildings,BT47 2RQ 26 49 Primity Park,Primity,New Buildings,BT47 2RQ 27 28 Primity Park,Primity,New Buildings,BT47 2RQ 28 26 Primity Park,Primity,New Buildings,BT47 2RQ 29 24 Primity Park,Primity,New Buildings,BT47 2RQ 30 31 32 33 34 35 36 37 38 39 40 41 42 20&22,Primity Park,Primity,New Buildings,BT47 2RQ 16&18,Primity Park,Primity,New Buildings,BT47 2RQ 104 Primity Crescent,Primity,New Buildings,BT47 2RB 106 Primity Crescent,Primity,New Buildings,BT47 2RB 108 Primity Crescent,Primity,New Buildings,BT47 2RB 110 Primity Crescent,Primity,New Buildings,BT47 2RB 112 Primity Crescent,Primity,New Buildings,BT47 2RB 114 Primity Crescent,Primity,New Buildings,BT47 2RB 116 Primity Crescent,Primity,New Buildings,BT47 2RB 118 Primity Crescent,Primity,New Buildings,BT47 2RB 136 Primity Crescent,Primity,New Buildings,BT47 2RB 138 Primity Crescent,Primity,New Buildings,BT47 2RB 140 Primity Crescent,Primity,New Buildings,BT47 2RB
43 44 45 46 142 Primity Crescent,Primity,New Buildings,BT47 2RB 154 Primity Crescent,Primity,New Buildings,BT47 2RB 156 Primity Crescent,Primity,New Buildings,BT47 2RB 192 Primity Crescent,Primity,New Buildings,BT47 2RB 47 9 Silverbrook Park,Derry 6. Relevant Site History Planning permission was granted on the site by DOE under application reference A/2004/0462/F for 166 dwellings on 03 January 2007. The current proposal is essentially an amended layout and reduction to 155 units from that previously granted permission. photo, the roadway/access has been commenced. As can be seen from the earlier Site layout granted under planning permission A/2004/0462/F
7. Policy Framework RDS 2035 Policy RG8: Manage housing growth to achieve sustainable patterns of residential development. Derry Area Plan 2011- The site is located on white land as identified in Derry Area Plan, within the development limits of Newbuildings Village. 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. Strategic Planning Policy Statement for NI The SPPS is a statement of the Department s policy on important planning matters that should be addressed across NI. The provisions of the SPPS apply to the whole of NI and are material to all decisions on applications. Sustainable development is at the heart of the SPPS, which includes key principles for development and also strategic policies on housing, natural heritage etc. PPS 2 Natural Heritage - sets out the planning policies for the conservation, protection and enhancement of our natural heritage. PPS 3 Development Control: Roads Considerations sets out the planning policies for vehicular and pedestrian access, transport assessment, and the protection of transport routes and parking. PPS 6 Planning, Archaeology and the Built Heritage sets out the policies for the protection and conservation of archaeological remains and features of the built heritage. PPS 7 Quality Residential Environments - The Council seeks to achieve residential developments that promote quality and sustainability in their design and layout, are in harmony with their townscape or landscape setting and which will ultimately make a positive contribution to the character and appearance of the country s settlements. Policy QD 1 of this PPS lists the criteria to be met by housing schemes and requires the submission of a Design Concept Statement demonstrating how the scheme will meet these criteria.
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. Creating Places/Living Places this is guidance to aid designers in creating quality residential developments. 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. 8. Consultee Responses NIEA Historic Monuments Unit Await consultation response. River Agency A drainage assessment and three revisions have been received throughout the processing of the application, all of which have been assessed by Rivers Agency. Having assessed the latest revisions received 12 th October 2016, Rivers Agency has advised that further information is still required relating to the watercourse along the eastern boundary; the Culvert under Gortinure Road; the proposed culvert repair works downstream of the culvert under Gortinure Road (the present culvert causes flooding to Gortinure Road) and the Exceedence Attenuation Structure, before Rivers Agency would be satisfied. This information was requested from the agent 7 th November 2016, however there have been ongoing issues regarding overland flow and surface water flooding which have not been resolved for almost two years. See later section in this report. NI Water has advised the following; There is a public and foul sewer to serve the development. The receiving Waste Water Treatment facility (Culmore WwTW) has sufficient capacity to serve the proposed development Shared Environmental Service has carried out an Appropriate Assessment under Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). SES has considered the nature, scale, timing, duration and location of the project and concluded that, provided mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site.
NIEA Natural Heritage - In order to fully assess the impact the development may have on the natural heritage interests within the site, consideration is required with regard to badgers, bats and wild birds which may be using the site. The developer was advised to complete the NI Biodiversity Checklist to establish if any ecological surveys are required. This information was requested from the agent but has not been provided. See section 10 in this report for consideration. Transport NI has no objections to the proposal; adequate access arrangements and parking have been provided and Transport NI has provided Private Streets Determination conditions. See section 10 in this report. Environmental Health - EHD has no objection in principle to the proposed development subject to informatives advising the developer to ensure that adequate steps are taken during demolition and construction to control noise and dust. 9. Representations 6 objections and 1 petition have been received on the application. These are mainly from properties in Silverbrook Park. See section 10 in this report for consideration of the objections. The issues raised include: Site traffic Type of development immediately to the rear of Silverbrook Park (two or three storey). Only bungalows should be built behind existing bungalows in Silverbrook Park. Privacy and size of proposed dwellings. Only want bungalows. Loss of natural light Overshadowing from two and three-storey dwellings onto existing bungalow at Silverbrook Park Out of character with surrounding area Previous planning history A/2004/0462/F addressed previous concerns and only bungalows were permitted on the periphery with Silverbrook Park. Flooding from field. History of flooding every time there is heavy rain. Gardens and homes flooded.
10. Planning Assessment, including Other Material Considerations Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. This proposal has been assessed against the provisions of the Derry Area Plan, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 8 Open Space and Outdoor Recreation; PPS 7 Quality Residential Environments; PPS 6 Planning, Archaeological and the Built Heritage; 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) Sections 6.113, 6.114 and 6.115 of the Strategic Planning Policy Statement (SPPS) specifically refer to surface water flooding and requires that the developer (applicant) demonstrate, through a Drainage Assessment (DA), that the flood risk to this development can be effectively controlled and mitigated and that it will not create greater potential for surface water flooding elsewhere. Whilst the agent has submitted a Drainage Assessment and three subsequent revisions, it has still not been demonstrated that the flood risk from the proposed development can be controlled and mitigated. See detailed consideration later in this report. Derry Area Plan 2011 The application site is located on white land and is within the settlement limits at the edge of the village of Newbuildings. Policy PU2 Areas at Risk from flooding states that development will not normally be permitted in areas known to be at serious risk from flooding. It also advises that Rivers Agency is responsible for land drainage and surface run off and should be consulted on applications for development. Planning Policy Statement 15 Planning and Flood Risk A number of issues relating to flooding have been raised in the objections. As this proposal is for more than 10 dwellings, the developer was required to provide a Drainage Assessment report to assess the impacts on surface water flooding. The issues raised in the objections advise that there is an existing flooding problem and that water runs from the field onto the gardens and properties of the dwellings
in Silverbrook Park. Both Transport NI and Rivers Agency advise that there is a recorded surface water flooding history due to overland flow from the site and adjacent lands at a higher level to the east, that affects both this site and the dwellings in Silverbrook Park. As a background to the issues, Members are advised that development of this site will involve the culverting of an existing stream and discharging into another existing stream / culvert on Gortinure Road, which will require a Schedule 6 application and approval from Rivers Agency. The existing stream along Gortinure Road was piped in association with planning application A/2006/0636/F in which permission was granted by the DOE on 04.12.2006 for Road/footway improvements (including widening and realignment) adjacent to No's 2a, 68, 70, 72, 74, 76 & 78 Silverbrook Park, Newbuildings. However, Rivers Agency approval was not obtained and no Schedule 6 application was made. The result is that the pipe that was installed along Gortinure Road has not been provided to an acceptable standard, and it is not capable of taking the drainage from this site. In order to satisfy FLD 3 of PPS 15, the agent produced a Drainage Assessment which was received 10 th September 2015. To date, three further revisions of the Assessment have been received, Revision A on 30 th November 2015; Revision B on 13 th April 2016; and Revision C on 12 th October 2016. The drawings received from the agent on 13 th April 2016 with Drainage Assessment Revision B included a plan titled Exceedance storage layout (Drawing no C-04). This plan indicated an earth bund on the site close to existing properties at Silverbrook. Planning officials at this time requested further cross sections through the proposed earth bund and their relationship to the neighbouring properties so that the impact on existing properties could be properly assessed. The latest Drainage Assessment, Revision C then proposed a flood wall, and not an earth bund. Details were requested from the agent but these have not been submitted, see later section in this report. With regards to issues relating to overland flow, the agent has now proposed to pipe the drain at the eastern boundary of the site to catch the overland flow and divert it to the junction of the site and the Gortinure Road. A separate Schedule 6 Consent to discharge would then be required to connect this land drainage into an existing drain. As advised above, the existing pipe that flows down Gortinure Road is not to an adequate size and this is required to be upgraded. Whilst the agent was agreeable to the upgrading of the existing pipe on Gortinure Road, the latest advice from Rivers Agency is that further information is still required relating to the watercourse along the eastern boundary; the culvert under Gortinure Road; the proposed culvert repair works downstream of the culvert under Gortinure Road (the present culvert causes flooding to Gortinure Road) and the Exceedence Attenuation Structure, before Rivers Agency would be satisfied.
With regards to the works required to the culvert under Gortinure Road and the repair works required downstream of the culvert, which at present causes flooding to Gortinure Road, and to which this development is proposed to connect to; the agent has failed to demonstrate that the applicant has control over these lands to complete the works required. Confirmation was sought from the agent with regards to all these matters on 12 th October 2016 and again on 07 th November 2016; the agent was requested to demonstrate that the developer has control over the lands required to do the works and that there is reasonable prospect that the works could be carried out, before Planning officials would be in a position to recommend approval of the application. To date, Planning officials have not received any information or further amendments to satisfy or demonstrate that the works could be completed, achieved and implemented. Additionally, further information was requested in order to progress the application and to satisfy planning officials; the following information was requested from the agent, but has not been submitted: - Amended description of proposal to include the infrastructure works required to the pipe on Gortinure Road. - Update Certificate of Ownership (P2 Cert) to identify who has control over the additional lands and control over the pipe to which works are required - Amended location plan identifying the additional land required for the works to satisfy Rivers Agency outlined in blue. - The Drainage Assessment identified a new flood wall to be erected within the site. Planning officials requested that the agent provide details of this proposed wall and cross sections so to enable proper consideration of the impacts of the wall proposed, both in terms of visual amenity and impacts of neighbouring properties. No detailed plans have been submitted despite having been requested in October and November 2016. The agent has been repeatedly advised that if the flooding issues could not be resolved, the application would be progressed and a recommendation to refuse planning permission would be presented to the Planning Committee. Members should note that the issues regarding discharging of surface water flooding have been ongoing since December 2014 and officials and the agent have made several attempts over the last two years to reach a satisfactory agreement on a way forward, including meeting with the agent and Rivers Agency on 28 th July 2016, that would satisfy both Rivers Agency and Planning. A representative from Transport Ni also attended this meeting in an effort to expedite matters. Whilst it is
acknowledged that some progress has been made over the last two years, the agent has failed to submit the further requested information required to demonstrate that the flooding issues can be satisfactorily addressed. PPS 2 Natural Heritage NIEA Natural Environment Division has carried out a preliminary ecology assessment and advise there may be natural heritage issues associated with the proposal. The site is bounded by hedgerows and contains areas of scrub. Hedges are priority habitats and may contain badger setts, which are protected under the terms of the Wildlife (Northern Ireland) Order 1985 as amended. The site may also provide roosting/foraging opportunities for bats which are a Protected European Species under the Conservation (Natural Habitats) Regulations (Northern Ireland) 1995 as amended. In order to assess the impacts the development may have on natural heritage interests within the site, the agent was requested to submit the NI Biodiversity Checklist requested on 7 th November 2016. This has not been received for consideration of the application; therefore Council has insufficient information to assess the impacts with regards to badgers, bats and wild birds which may be using the site. The proposal is therefore contrary to PPS 2 policy NH5. Planning Policy Statement 3 Access Movement and Parking The issues raised in the objections relating to traffic impacts and road safety were considered throughout the processing of the application. Transport NI has assessed the application under PPS3 and has no objections to the development. Access to the site is from Gortinure Road and will connect to the existing road network and pedestrian footpaths. Footway links have also been provided to Silverborook Park and Primity Crescent. The road is to be adopted by Transport NI and conditions have been provided relating to adoption of the road and Privates Streets Determination.
PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development Proposed Housing layout All of the QD1 criteria (a-i) are expected to be met. Planning officials comments on each of the criteria is set out below: a) There are no issues in terms of the site s character, the development respects the surrounding context and is appropriate to the topography of the site in terms of its layout, scale and massing of buildings. b) Historic Environment Division - Archaeology has been consulted on the application. Response is awaited and can be verbally reported. c) There is adequate provision for public open space within the development, with a nature trail provided along the eastern boundary of the site. An equipped children s play area is provided within the main central open space area. A further portion of open space is provided on the south western part of the site. Adequate provision has been made for private amenity space with the plots meeting the guidance of Creating Places.
The existing mature trees and hedgerows on the boundaries of the site are retained and a landscaping scheme has been provided which will aid in the sites integration. d) Neighbourhood facilities are not required for the size of this development, however the site is within walking distance to a nearby shops and facilities within the centre of the village. e) A movement pattern has been provided within the site which will connect to the existing public road and footpaths. Two pedestrian connections have been made connecting the development and open space areas to the existing houses at Silverbrook Park and Primity Crescent. f) Adequate provision has been made for parking within the development and Transport NI have no objections. g) The design of the dwellings is considered appropriate to the site and the village. There is a mix of bungalows, two storey semi-detached dwellings and town houses provided within the development. h) In terms of impacts on neighbouring properties, issues were raised by the objectors that there would be overlooking and privacy, loss of light and overshadowing, and that the previous planning permission had addressed these concerns by permitting bungalows only on the periphery of the site with Silverbrook Park. Planning officials have considered the layout proposed and whilst the proposed dwellings along this boundary are a mix of both two storey and single storey dwellings, those that are two storey have an adequate separation distance provided between the proposed and existing dwellings. Many of the house types proposed do not have any windows on the gables, and of those windows that are proposed at first floor level, these are bathroom windows; therefore Planning officials consider there will be no unacceptable adverse impacts on existing residential amenity. i) Areas of public open space are supervised, with dwellings fronting on to these areas which will promote personal safety. If Members were minded to approve the application, further details in terms of boundary treatments would be required to be submitted.
Existing Planning Permission Whilst there is an existing planning permission for housing on this site, that permission was granted in 2007; since that time, there has been a change in circumstances, namely the requirements and increased awareness of both surface water flooding and also of nature conservation. Therefore it is reasonable and necessary for the Council to require flooding information and nature reports, for the current planning application. Representations Received The objections received have been reported earlier and taken into account. If the further details were to be submitted, it would be necessary to re-advertise this application and re-notify neighbours about this proposal. Conclusion and Recommendation The proposal development is contrary to the Strategic Planning Policy Statement for Northern Ireland (SPPS), as well as being contrary to Planning Policy Statement 15 (Planning and Flood Risk) and Planning Policy Statement 2 (Natural Heritage). Other material considerations have also been taken into account, including the extant planning permission on this site and the representations received, but they do not justify an approval of the application. In summary, additional information and land ownership details are required in order to ensure that the proposed and existing dwellings, gardens and roads would not be subject to surface-water flooding as a result of this proposed housing development. Information is also required about nature conservation, to demonstrate that the development would not cause unacceptable harm to nature and protected species. There have been meetings and many submissions and requests by Planning officials over several years, in an effort to resolve these issues. However, the agent has failed to submit the necessary information. It is therefore recommended that the Council s Planning Committee refuse planning permission for the proposed development for the following reasons: 1. The proposal is contrary to the SPPS and PPS 15 Policy FLD 3 in that there is insufficient information to assess the impacts of surface water flooding from the proposed development.
2. The agent has failed to demonstrate that there is reasonable prospect that the works required for the upgrade of the existing water pipe along Gortinure Road can be carried out in order to facilitate the surface water drainage from the proposed site, thus resulting in surface water flooding contrary to the SPPS and PPS 15. 3. There is insufficient information to assess the impacts on existing residential amenity from the proposed flood wall. 4. The proposal is contrary to PPS 2 in that insufficient information has been provided to assess the impacts on badgers, bats and wild birds which are protected under the Wildlife (Northern Ireland) Order 1985 (as amended).