Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 20th March 2018 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: ADVERTISEMENT: LA11/2017/1064/F Full application Proposed Housing Development consisting of 7 No. 4 person 2 bedroom general needs houses, 3 No. 2 person 1 bedroom general needs houses, 2 No. 5 person 3 bedroom general needs houses, 1 No. 5 person 3 bedroom complex needs house and 1 No. 3 person 2 bedroom complex needs house (14 units in total) Lands to the east of 1-3 Lismore Park, Sion Mills, County Tyrone Rural Housing Association GM Design Associates Ltd. The application was advertised on the 12.12.2017 and neighbours notified on the 06.12.2017 and the 16.02.2018 STATUTORY EXPIRY: 02.03.2018 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 www.planningni.gov.uk 1. Description of Proposed Development Residential development consisting of 7 No. 4 person 2 bedroom general needs houses, 3 No. 2 person 1 bedroom general needs houses, 2 No. 5 person 3 bedroom general needs houses, 1 No. 5 person 3 bedroom complex needs house and 1 No. 3 person 2 bedroom complex needs house. Throughout the processing of the application the following reports were submitted in support of the application; Drainage Assessment; Contamination Assessment and Remediation strategy; Transport Assessment Form; Design and Access Statement and a Phase 1 Habitat Survey.
2. EIA Determination An EIA determination was not required as the site is 0.41 ha in size and therefore is not greater than the 0.5ha threshold for an EIA determination under schedule 2 (10 b) of the 2017 EIA regulations. 3. Site and Surrounding Area Site Location Map The site is within the development limits of Sion Mills, a Local Town as designated in the Srabane Area Plan 1986-2001. The site is white land which was previously developed land that used to be a builders yard. The housing development of Lismore Park and Primrose Park are adjacent to the site and the site is accessed from Lismore Park. The site is flat land with existing vegetation in the form of overgrown bushes along the boundary with No 9 Primrose Park. The Southern Boundary of the Site shares a boundary with No 9 and 11 Primrose Park. The Northern Boundary of the site shares a boundary with No 119 Melmount Road. There is mature vegetation along the eastern boundary of the site in the form of overgrown bushes.
Aerial Photo of site Site frontage along Lismore Park View into site from between 11 and 9 Lismore Park
4. Site Constraints The application site is approximately 330m west of the River Foyle and Tributaries Special Area of Conservation (SAC)/Area of Special Scientific Interest (ASSI) and is hydrologically linked to the River Foyle. These elements were considered in the SES, Rivers Agency and NIEA consultation process. See consultations section later in this report. 5. Neighbour Notification Report 6. Relevant Site History J/2012/0032/F- Builders store, small open fronted enclosure and new boundary fencing at Lands to the South of and adjoining 119 Melmount Road, Sion Mills
The current planning application was subject to pre-application discussion under planning reference LA11/2017/0333/PAD Proposed residential development for 14 dwellings. 7. Policy Framework RDS 2035 - Policy RG8: Manage housing growth to achieve sustainable patterns of residential development. Strabane Area Plan 1986-2001. This sets the policy context for development within Strabane and its surroundings. This site is within the development limits of Sion Mills which is designated as a Local Town in the Area Plan. The site is white land which was previously a builders yard and storage area. 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 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. 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 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 Planning Policy Statement 7 - Safeguarding the Character of Established Residential Areas - This policy is for the protection of local character, environmental quality and residential amenity within established residential 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. PPS15 Planning and Flood Risk looks at the possible sources of flooding and potential flood risk which need to be considered; including surface water run-off and drainage. 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. Creating Places/Living Places this is guidance to aid designers in creating quality residential developments. 8. Consultee Responses DFI Roads the proposal is considered acceptable and conditions and informatives have been provided relating to the adoption of the Road and Private Streets Determination. The scheme has underwent some small amendments since it was initially submitted in November 2017. DFI Roads has no objection to the access and parking. See conditions section later in this report. NIEA Water Management- is content with the proposals subject to conditions and adhering to standing advice; NIEA Land, Soil and Air- has no objections subject to conditions and informatives; NIEA Natural Environment Division- has no concerns subject to a HRA being done (This was completed by SES, no issues were raised). Shared Environmental Services SES has assessed the proposal under the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) and having considered the nature, scale and location of the project 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.
DFI Rivers Throughout the processing of the application, the agent submitted a Drainage Assessment and Rivers Agency had no reason to disagree with its conclusions. Informatives provided. NI Water - The P1 states that foul sewage will be disposed by mains and surface water by storm drains. NI Water confirm that public, foul and surface water sewers are located within 20 m of the proposed development and there is available capacity in the receiving Waste Water Treatment facilities at Sion Mills WwTW to serve this proposal. Environmental Health accepted the findings of the submitted Contamination Assessment and Remediation Strategy Report and are content subject to conditions. Informatives are also provided relating to floodlighting, radon, building waste materials, construction noise and dust. Loughs Agency Loughs agency has no objection to conditions relating to storm water. See conditions section later in this report. 9. Representations 2 Objections have been received, one from number 7 Primrose Park and the one from number 5 Primrose Park- 7 Primrose Park Has concerns with loss of privacy; and stated that some of the proposed two storey houses will have an overbearing impact on neighbouring properties which are single storey bungalows. The objector also raised issue that at their meeting with the developer on site in July that they asked for bungalows instead of two storey houses facing onto their property. This objection was assessed following a site visit, No. 7, has an extensive rear garden that measures 25 metres by 22 metres. The proposed site has two dwellings that abound no. 7 plots No. 9 & 10. Whilst the proposed dwellings are two stories in height, one dwelling which is gabled to the rear boundary of No. 7, is a blank gable and therefore will not overlook the private amenity garden of No. 7 Primrose Park. Although there is no set distance laid out in creating places for this configuration Planning would consider that the house type has been considered and deliberately designed to take No. 7 into account and will not detrimentally affect its amenity. On proposed plot 9 the dwelling is also gable end onto No. 7. This housetype however has two windows on the 1 st floor, one on the gable and one on the rear of the dwelling, the gable is a bathroom window and the rear boundary has a bedroom window that is orientated obliquely away from the amenity space of No. 7. This arrangement is considered acceptable.
5 Primrose Park- Has concerns that their elderly mother who lives in a bungalow at this address will be overlooked by houses with two stories to the rear and lead to a loss of privacy. Similar to No 7 the dwelling at No 9 has several dwellings proposed at the rear of its boundary, three in total. The proposed dwellings are two storey but are sited from 11 metres to 14 metres away from the rear boundary of No. 9 and therefore meet the guidance laid down in creating places. This would give a total separation distance of 18 metres to 21 metres between No 9 and the new dwellings. This is considered acceptable by Planning and would not justify a refusal based on overlooking or loss of privacy. 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. Therefore, this proposal has been assessed against the provisions of the Strabane 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 7 Quality Residential Environments; Addendum to Planning Policy Statement 7 Safeguarding the Character of Established Residential Areas; PPS 3 Access, Movement and Parking; PPS 2 Natural Heritage and supplementary guidance in Creating Places, as well as consultation responses received. The policy consideration is set out below: Strabane Area Plan 1986-2001 The site is within the settlement limits of Sion Mills and is located on white land which has had been previously developed. The Strabane Area Plan defines White land and states that development proposals within these areas or within areas of urban development will be considered on their particular locational merits in accordance with accepted planning guidelines or stated policies. The principle of housing on the site is therefore considered acceptable as it is surrounded by residential development and is in keeping with the character of the wider locality, there is a satisfactory means of access and it meets all other policy considerations.
The Strategic Planning Policy Statement for NI (SPPS) The SPPS supports and strengthens PPS 7. 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. Planning Policy Statement 15 Planning and Flood Risk The proposal meets the requirements of PPS 15 policy FLD 3. A Drainage Assessment was submitted during the processing of the application which was considered appropriate to the scale and nature of the development. DFI Rivers has no objections. Advice has also been provided regarding the Ballyfatten drain watercourse which traverses the site. Planning Policy Statement 3 Access Movement and Parking The proposal complies with PPS 3 as adequate access arrangements and parking provision for the site have been provided. Conditions relating to the Private Streets Determination are set out in the conditions section later in this report. PPS 2 Natural Heritage The agent has submitted a Phase 1 habitat Survey. NIEA were consulted and Natural Environment Division has considered the impacts of the proposal on designated sites and other natural heritage interests and, on the basis of the information provided, has no objections subject to conditions. The Phase 1 habitat survey highlighted Himalayan Balsam at various points in the site and a specific informative should be attached with regard to this. PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development All of the QD1 criteria (a-i) are expected to be met. In assessing the proposal, the application has met all of the criteria. The development creates a quality housing environment that has taken into context the site constraints, topography and responded to and incorporated the natural heritage assets on the site. The design and layout are acceptable with a variety of mixed tenure housing throughout the site. Provision has been made for private amenity space, in accordance with the guidelines of creating places. Overall the layout and design are considered acceptable. The following is an assessment of the criteria found in PPS 7;
Proposed site Layout (a) In terms of the site s character, the site is located within an established residential area, and the layout, scale and massing of buildings are appropriate to the character and topography of the site. (b) There are no features of archaeological and built heritage identified on the site. (c) This application is for 8 units and therefore open space is not required. In terms of private amenity space the dwellings meet all the standards and guidance laid down in Creating Places. (d) Local neighbourhood facilities are not required due to the scale of the scheme; however the site is located within the development limits of Sion Mills within walking distance to shopping and neighbourhood facilities. (e) A movement pattern has been established for the development with provision made for new footways to serve the development. These will connect to the existing public road network and existing footpaths. DFI Roads will adopt the road and footpaths and have provided conditions relating to same. See conditions section later in this report
(f) Adequate provision has been made for parking within the development with in-curtilage and communal parking provided for the housing scheme. DFI roads has no concerns relating to the parking provision which meets the requirements of PPS 3 and the published Parking Standards. (g) The design of the dwellings use a relatively simplistic traditional design, with simple proportions and finishes. The overall impression is reminiscent of a village clachan arrangement with dwellings of various sizes and orientations. House type B
Proposed terrace Detached dwelling (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. This has been assessed with particular regard to the two objections received. See section 9 earlier in this report. (i) The development is designed to deter crime and promote personal safety to and from the site all the windows and doors are orientated to the street so that the street is well observed and supervised. The proposal will therefore promote personal safety for the proposed and existing residents/users in the area. Addendum to Planning Policy Statement 7 Safeguarding the Character of Established Residential Areas Policy LC 1 Protecting Local Character, Environmental Quality and Residential Amenity In established residential areas Planning permission will only be granted for the redevelopment of existing buildings, or the infilling of vacant sites (including extended garden areas) to accommodate new housing if it fulfils three criteria. The development is not of a significantly higher density than other development found in the area. The pattern of development is not out of place in Sion Mills and the dwellings are within the guidelines laid down in Annex A of the policy. Therefore I would contend that the proposal has met this policy. 11. Conclusion and Recommendation The proposal is considered acceptable in that it is in accordance with the Strabane Area Plan 1986-2001 and other material considerations. Specifically, the proposal meets the criteria of QD1 of PPS 7 and addendum in that it has been demonstrated a quality residential environment can be achieved. There will be adequate provision of infrastructure works in accordance with PPS 3; sewerage and land drainage in accordance with PPS 15, the natural habitat has been assessed under PPS 2, all of which are supported through the SPPS for NI. Other the material considerations have been taken into account including the representations received and the advice from consultees but overall they support an approval of the application. It is therefore recommended that the Council s Planning Committee approve planning permission for LA11/2017/1064/F, subject to conditions set out below; 1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.
2. The existing boundary vegetation as shown on the drawing No 02 Revision 1 date stamped 07 th February 2018, shall be permanently retained unless otherwise agreed in writing with the Council. Reason: In the interest of visual amenity and to maintain biodiversity value on the site. 3. 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 Department, 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 Department gives its written consent to any variation. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape. 4. Prior to the occupation of each individual dwelling hereby approved, the boundary treatments defining each curtilage and all incidental planting shall be constructed and planted as detailed on drawing No 02 revision 1 received by Council on 07 th February 2018. Reason: To ensure that boundary treatments and planting are provided in a timely manner to assist in the provision of a quality residential environment in accordance with the Department s PPS 7 (Quality Residential Environments) 5. The vehicular access, including visibility splays and any forward sight distance, shall be provided in accordance with Drawing No. 30 bearing the date stamp 07 February 2018, 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.
6. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. The Council hereby determines that the width, position and arrangement of the streets, and the land to be regarded as being comprised in the streets, shall be as indicated on Drawing No. 30 bearing the date stamp 07 February 2018. Reason: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Streets (Northern Ireland) Order 1980. 7. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. No other development hereby permitted shall be commenced until the works necessary for the improvement of a public road have been completed in accordance with the details outlined blue on Drawing No. 30 bearing the date stamp 07 February 2018. The Council hereby attaches to the determination a requirement under Article 3(4A) of the above Order that such works shall be carried out in accordance with an agreement under Article 3 (4C). Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient means of access to the development are carried out. 8. No dwellings shall be occupied until that part of the service road which provides access to it has been constructed to base course; the final wearing course shall be applied on the completion of the development. Reason: To ensure the orderly development of the site and the road works necessary to provide satisfactory access to each dwelling 9. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses 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 convenience of road users. 10. All storm water from the development site shall not be discharged to nearby watercourses unless first passed through pollution interception and flow attenuation measures. Reason: To prevent pollution of surface waters which is detrimental to fisheries. 11. A suitable (vegetated) buffer of at least 10m shall be maintained between the location for refuelling, storage of oil/fuels, concrete mixing and washing areas, storage of machinery/materials/spoil etc. and the Ballyfatten Drain at the south eastern edge of the site. Reason: To prevent polluting discharges entering and affecting the site integrity of the River Foyle and Tributaries SAC. 12. Prior to the occupation of the proposed development, the applicant shall provide to the Planning department, for approval, a Verification Report. The report must demonstrate that the remediation measures outlined in the Pentland Macdonald report titled Contamination Assessment and Remediation Strategy, Lismore Park, Sion Mills for GM Design Associates Ltd, referenced PM17-1114, dated September 2017, have been implemented. The Verification report shall demonstrate the successful completion of the remediation work and that the site is now fit for the intended end use (Residential setting with home grown produce). It must demonstrate that the identified potential pollutant linkages are effectively broken. The verification report shall be in accordance with current best practice and guidance as outlined by the Environment Agency. In particular, this verification report must demonstrate that: a. remedial works are carried out with the entire red line as presented in the GM Design Associates Ltd titled Location/Block Plan, drawing no P-01. b. gardens of all proposed residential properties are encapsulated with a barrier of 1000mm depth consisting of a geotextile membrane overlain with 1000mm of clean gravel/subsoil and topsoil.
c. all landscaped areas are encapsulated with a barrier of 600mm depth consisting of a geotextile membrane overlain with 600mm of clean gravel/subsoil and topsoil. d. all imported materials for the gardens/landscaped area are suitable for the intended end use of the proposal (Residential setting With home grown produce). e. all remaining areas of the proposed development have been covered with a layer of hardstanding. f. Gas ingress protection measures in line with BS8485(2015) that will achieve a gas protection score of 3.5 must be installed within each of the proposed residential buildings and must include some or all of the following measures; concrete floor slabs, a proprietary gas resistant membrane and a passively ventilated under floor void. The gas resistant membrane must be installed and inspected under CQA (Construction Quality Assurance) for the installation. All service points are to be demonstrably sealed. g. all reusable excavated soils shall be used only as fill material in areas underneath proposed hardstanding. h. all excavated material that cannot be reused on site should be taken to an appropriate landfill site. Waste classification documentation and waste management duty of care documentation in relation to this material should be presented as evidence of its disposal. Reason: Protection of human health 13. If during the development works, new contamination and risks to the water environment are encountered which has not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be fully investigated and a written report detailing the nature of this contamination and it management must be submitted to the Planning Authority for approval, 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 to its satisfaction. Reason: For the protection of human health and the protection of environmental receptors to ensure the site is suitable for use. 14. After completing any remediation works required under Condition 13, and prior to occupation of the 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 environmental receptors to ensure the site is suitable for use. 16. Subject to the above conditions, the development shall be carried out in accordance with the stamped approved drawing No s 01 rev 1, 02 rev 1, 03 rev 1, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 which were received on 04/12/17, 07/02/18 and 16/02/18. Reason: To ensure the development is carried out in accordance with the approved plans.