Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 29 th November 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: LA11/2016/0854/O Outline Shared access and site for two dwellings and garages in side garden of existing dwelling 154 Culmore Road,, BT48 8JH John Gurney, 35 Lowertown Road, Ballymagorry, Strabane BT82 0LF David Young, 11 Lettercarn Road, Castlederg BT81 7QY ADVERTISEMENT: 26.10.2016 and 19.07.2017 STATUTORY EXPIRY: 09.11.2016 and 19.07.2017 RECOMMENDATION: REFUSE REASON FOR PRESENTATION TO COMMITTEE: Recommendation to Refuse and 5 or more objections Return to Committee following site inspection carried out on 15 th November 2017 at Members request. Site Visit Attendees: Ald: McClintock, Kerrigan Cllrs: Kelly, Jackson Planning: C Rodgers, R McMenamin All planning application forms, drawings, consultations, letters, representations etc. relating to this planning application are available to view on www.planningni.gov.uk 1. Description of Proposed Development The proposal is for a site for two dwellings and garages with a new shared access in the side garden of 154 Culmore Road. The existing dwelling and access at 154 will be retained.
2. EIA Determination This site falls below the size threshold of 0.5 ha for an urban development project and as such does not need to have an EIA determination carried out. 3. Site and Surrounding Area The application site is a residential property at 154 Culmore Road, located within the village of Culmore. It contains a semi-detached chalet bungalow fronting onto the road with a driveway and garden to the side. There is a row of bungalows further north along Cumlore Road at 158-164 and another bungalow on a larger elevated plot to the south at 152, which sits at a higher level above the road. There are two storey semi-detached dwellings to the rear of the site in Elmvale. A 7 metre wide strip of land separates the site from the properties in Elmvale and this boundary is defined by a low hedge. The southern boundary of the site with 152 is defined by trees and the northern boundary with 154 is defined by a low hedge. The roadside boundary of the property s garden is a grass/earth bank with a low hedge and trees in the south-east corner. Beyond this boundary there is a grass verge and footpath adjacent to the road. Figure 1: Site Location Plan
Application Site (154) Adjoining Property (156) Figure 2: Application site and adjoining semi-detached bungalow Figure 3: Side garden viewed from roadside Figure 4: Side garden
4. Site Constraints Access onto a protected route 5. Neighbour Notifications 152 Culmore Road Ballynashallog BT48 8JH 153 Culmore Road Culmore Ballynashallog BT48 8JH 156 Culmore Road Ballynashallog BT48 8JH 55 Elmvale BT48 8SJ 56 Elmvale BT48 8SJ 57 Elmvale BT48 8SJ 58 Elmvale BT48 8SJ 59 Elmvale BT48 8SJ 6. Relevant Site History Adjoining Site - 152 Culmore Road A/2007/1266/F Demolition of existing dwelling & proposed 4no. semi-detached dwellings (3 storey to front & 2 storey to rear) Permission Granted 03.12.2008
Figure 5: Adjacent planning approval A/2007/1266/F 7. Policy Framework Derry Area Plan 2011 Strategic Planning Policy Statement for Northern Ireland Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 3: Access, Movement and Parking (Clarification) Planning Policy Statement 7: Quality Residential Environments Addendum to PPS 7: Safeguarding the Character of Established Residential Areas Planning Policy Statement 12: Housing in Settlements Development Control Advise Note 15: Vehicular Access Standards Creating Places Parking Standards
8. Consultee Responses DFI Roads have recommended refusal on road safety grounds Environmental Health have requested clarification regarding the use of the out buildings to the rear of 154 Culmore Road to assess any impacts upon the amenity of the new dwellings in terms of noise and have suggested informatives in relation to acoustic glazing NI Water have no objections subject to informatives Loughs Agency have no objections subject to informatives 9. Representations Consideration There were six letters of objection from five properties at 55, 56, 57, 58 and 59 Elmvale. These letters raised the following concerns: Provision of two new accesses onto a protected route No details of heights of proposed dwellings to assess impact upon loss of privacy New dwellings should be in keeping with existing (1½ storey) and character of village Impact upon morning light to garden and sunroom of 55 Elmvale Loss of privacy due to garden of 55 Elmvale being overlooked These matters will be considered in the assessment below. 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. The site is located within the development limits of the Village of Culmore as designated in Map 2 and Map SE 2 of the Derry Area Plan 2011. It also accesses onto a Protected Route. This proposal has therefore been assessed against the policy framework listed in paragraph 7 and all other material considerations including consultation responses, representations and relevant planning history.
Figure 6: Proposed Site Layout Strategic Planning Policy Statement The SPPS states that PPS 7 is a retained policy until such times as the development plan is adopted, and the development plan will itself have policies directing planning management on a number of issues, including dwellings within settlements. In the interim and prior to the adoption of the plan, both policies should be considered and where there is a conflict, the SPPS should take precedence. In this case there is no conflict. PPS 7 Addendum: Safeguarding the Character of Established Residential Areas The proposal is for the erection of two dwellings in the side garden of an existing property within an established residential area in the village of Culmore. The proposal must therefore comply with the criteria set out in Policy LC 1. Although the application is for outline planning permission and detailed drawings are not required, the applicant has provided a site layout to demonstrate how two dwellings can be accommodated within the site. The concept layout indicates that the dwellings will be semi-detached with a shared access. The development will maintain sufficient built form to garden space ratio and is generally in keeping with the context of the surrounding residential area in terms of density, plot sizes and pattern of development. Furthermore, the plot
sizes, garden sizes, garden depths, separation distances etc. of the proposed development are comparable to that of the adjacent planning approval A/2007/1266/F for four semi-detached dwellings. I am satisfied that two dwellings on this site can meet the space standards set out in Annex A of the Addendum to PPS 7. PPS 7: Quality Residential Environments Policy QD 1 allows new residential where it will create a quality and sustainable residential environment and the development will also be expected to conform with criteria (a) to (i) set out in the policy. (a) the development respects the surrounding context and is appropriate to the character and topography of the site in terms of layout, scale, proportions, massing and appearance of buildings, structures and landscaped and hard surfaced areas; As detailed above, the layout of development is keeping with the context of the surrounding residential area in terms of density, plot sizes and pattern of development. The application is for outline permission and the applicant has not stipulated a specific scale for the proposed dwellings, however I am content that the site can accommodate a pair of two storey dwellings taking into consideration the context of the surrounding development which includes two storey dwellings to the rear at Elmvale, three storey dwellings approved on the adjacent site and the more modern 2-3 storey units further south at Culmore Square. The development is appropriate to the character and topography of the site and respects the surrounding context in accordance with criteria (a). (b) features of the archaeological and built heritage, and landscape features are identified and, where appropriate, protected and integrated in a suitable manner into the overall design and layout of the development; The submitted layout indicates the retention of existing trees on the southern boundary with the adjoining site and the site is not affected by any archaeological or built heritage in accordance with criteria (b). (c) adequate provision is made for public and private open space and landscaped areas as an integral part of the development. Where appropriate, planted areas or discrete groups of trees
will be required along site boundaries in order to soften the visual impact of the development and assist in its integration with the surrounding area; The development is for 2no. units therefore there is no requirement for public open space, as per PPS 8. The development will maintain sufficient built form to garden space ratio with garden sizes, depths, separation distances etc. comparable to that of surrounding properties and that of the adjacent planning approval A/2007/1266/F. The submitted layout indicates the retention of existing trees on the southern boundary with the adjoining site with new trees to be planted at the front and north-west corner of the site to soften the visual impact of the development in accordance with criteria (c). (d) adequate provision is made for necessary local neighbourhood facilities, to be provided by the developer as an integral part of the development; Local neighbourhood facilities are not required given the scale of the development, however the site is located within a village and close to local facilities. (e) a movement pattern is provided that supports walking and cycling, meets the needs of people whose mobility is impaired, respects existing public rights of way, provides adequate and convenient access to public transport and incorporates traffic calming measures; Not required given the scale of the development. (f) adequate and appropriate provision is made for parking; The proposal incorporates detached garages and the layout of the development provides adequate space for the parking of at least two cars at each of the dwellings in accordance with criteria (f). (g) the design of the development draws upon the best local traditions of form, materials and detailing; The design of the proposed dwellings should draw upon local materials and detailing, however the area is characterised by a varied mix of dwelling types and detailed designs including the more modern properties at Culmore Square and that approved on the adjacent site. This application is for outline permission and the detailed design of the dwellings shall be reviewed at reserved matters in accordance with criteria (g).
(h) the design and layout will not create conflict with adjacent land uses and there is no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance; and The design and layout of the development has been considered in relation to the neighbouring properties on Culmore Road and Elmvale in terms of overlooking, loss of light and overshadowing. An objection has been received from 55 Elmvale raising concerns that the development will restrict light to their property, with particular concern regarding the trees proposed in the rear corner of the site blocking light to their garden and sunroom. The objector has also raised concerns with regards to loss of privacy, the extent of which they are unable to assess given there is no height stipulated for the proposed dwellings. The layout for the proposed dwellings indicate that there will be a separation distances of between 16-19 metres between the proposed dwellings and the gardens of the properties directly to the rear in Elmvale and there will be 29-32 metres between opposing windows. These separation distances are generally in keeping with the guidance set out in Creating Places for a two storey dwelling and are typical of those found in the local area, particularly relevant to the development approved in the adjacent site. There will be no greater degree of overlooking to the properties in Elmvale than that which is currently afforded to the existing garden of the application site from these same properties in Elmvale. In relation to 55 Elmvale in particular, there will be at least 23 metres between their garden and nearest new dwelling to be constructed and at least 36 metres between opposing windows which is considered sufficient to avoid any unacceptable adverse impacts in terms of privacy, overshadowing or loss of light in accordance with criteria (h) and also in accordance with paragraph 2.3 of the SPPS. The garage and trees proposed in the north-west corner of the site will also serve to further restrict views. Whilst the objector has raised issues with the proposed trees in terms of loss of light, the Council have no control over the planting of these trees as the applicant may do so without the requirement for planning permission. Environmental Health have requested clarification regarding the use of the out buildings to the rear of 154 Culmore Road to assess any impacts upon the amenity of the development in terms of noise. However, they have noted that there are existing dwellings located closer to these out buildings and that they have not received any complaints in relation to noise to date. In this respect, I do not feel that clarification is necessary. Environmental Health have also suggested informatives in relation to acoustic glazing which can be attached to any planning approval. The
design and layout of the development therefore will not conflict with adjacent land uses and there will be no unacceptable adverse impact in terms of noise or other disturbance. The proposal therefore accords with criteria (h) and also paragraph 2.3 of the SPPS. Derry Area Plan 2011 Policy H 3 promotes the development of infill opportunity sites and Policy SE 2 also requires development in settlements to be in keeping with the size and character of the settlement and not to result in a loss of amenity. As considered above, the development will be in keeping with the context and character of the village and will not have an unacceptable adverse impact on the amenity of the surrounding residential properties. PPS 3: Access, Movement and Parking The development will retain the existing dwelling and access for 154 Culmore Road and proposes a new shared access to serve the two new dwellings. The new access is onto a protected route within the settlement limits of a village and therefore falls to be considered under Policy AMP 3. In this respect, I am satisfied that access cannot be reasonably be taken from an adjacent minor road and the proposal therefore complies with criteria (a). Policy AMP 2 will only permit planning permission for a development involving direct access onto a public road where the access will not prejudice road safety or significantly inconvenience the flow of traffic. 2.4 x 80m visibility spays are required for the new access. These sightlines have been determined on the basis of a 40mph road speed and a vehicular flow greater than 3000 VPD as set out in Table A and B of DCAN 15. Whilst the 80m splay to the south side of Culmore Road is achievable, the 80 metre splay to the northern side is not.
Figure 7: Proposed Site Survey indicating visibility splays The 78 metre splay indicated on the submitted site survey is not accurately drawn. It has been drawn to the middle of the far side lane but should be measured to the edge of the near side road. DFI Roads advise that the maximum achievable sight line to the north is approximately 2.4 x 60m. Provision of the necessary 2.4 x 80m splays will require the removal of wall to the front of the properties at 156 and also potentially 158. The agent has advised that the applicant does not have control of these lands and has asked the Planning Department to determine the application on the basis of the achievable 60m splays. There is no bracketed figure for reduced visibility splays onto a priority road of this nature in DCAN 15 and both the Planning Department and DFI Roads Permit would not permit a reduction in the visibility splay standards. The proposal is therefore contrary to Policy AMP 2 as the access would prejudice the safety and convenience of road users.
11. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, relevant planning history, consultations and representations, refusal is recommended for the reason below. 12. Refusal Reason 1. The proposal is contrary to Policy AMP 2 of Planning Policy Statement 3: Access, Movement and Parking, in that it would, if permitted, prejudice the safety and convenience of road users since it would not be possible within the application site to provide an access with visibility splays of 2.4 metres x 80.0 metres, in accordance with the standards contained in Development Control Advice Note 15.