Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 23rd March 2016 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: LA11/2015/0263/O Outline Planning application Housing Development Approx 25 units Lands adjacent to the Village Green,. Malform Ltd O Connor Burke Architecture ADVERTISEMENT: 7/7/15 STATUTORY EXPIRY: 21/7/15 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 The application is for outline planning permission for a housing development set within the development limits of. A concept plan has been submitted which has identified the proposal is for approximately 25 Units. Throughout the processing of the application, a drainage assessment, a concept plan and an acoustic report were submitted in support of the application. 2. EIA Determination An EIA determination was carried out on the proposal under category 2 10B of the Planning (Environmental Impact Assessment) Regulations (NI) 2015 as the site is greater than 0.5 ha (0.94 ha) and therefore exceeded the threshold set out in Schedule 2. However, it was determined that no Environmental Statement was required as there would be no significant environmental impacts. Having considered the characteristics of the development, the location and potential impact it was
considered that the impacts of the proposal will not cause significant environmental effects on any features of any European site. 3. Site and Surrounding Area The site is 0.94 hectares and consists of un-zoned whiteland contained within the development limits of. The site is accessed off the existing development The Village Green, with the site access located at the south eastern corner of the site, directly off the existing turning head. The site slopes from its height at the southern corner and falls downwards towards the main Ballybogie Road, with the levels dropping to the northwest. There is a small field between the site and the main road which will not be sterilised by any potential approval on the application site. To the east of the site the levels plateau before dropping down again towards the end of the field towards the Bigwood road. The existing area has a mix of house types within the Village Green which range from single storey, chalet dwellings, and two storey dwellings along the critical northwest and north east boundaries. To the south west of the site there is a clustered group of existing dwellings and outbuildings that also sit within the development limits. The three dwellings that border the site are numbers 20, 20a and 20b Ballybogie Road. Numbers 20 and 20a are single storey and number 20b is a large two storey dwelling.
Appendix 3 Sit e Location Map 4. Site constraints The application site has no relevant site constraints or designations. It sits within the development limits of the small settlement of as defined by the Derry Area Plan 2011.
Photograph of site from South facing North 5. Neighbour Notification Report Neighbour Address Date Neighbour Notified 10 The Village Green 7/8/15 12 The Village Green 7/8/15 14 The Village Green 7/8/15 16 The Village Green 7/8/15 18 Ballybogie Road 7/8/15 BT47 3RE 18 The Village Green 7/8/15 20A Ballybogie Road 7/8/15 BT47 3RE 20 Ballybogie Road 7/8/15 BT47 3RE
20B Ballybogie Road 7/8/15 BT47 3RE 20 The Village Green 7/8/15 22 The Village Green 7/8/15 24 The Village Green 7/8/15 27 The Village Green 7/8/15 6 The Village Green 7/8/15 8 The Village Green 7/8/15 6. Relevant Site history The site has a previous planning approval granted on the 1/05/08 under planning ref: A/2006/0357/F, this approval granted planning permission for 25 dwellings. The approval was never implemented, though the approved block plan is consistent with the concept master plan proposed under this application, in that the proposed dwellings form a square around a central piece of open space. The approved dwellings were all two storeys in height.
7. Policy framework RDS 2035 - SFG7 Strengthen the role of 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 2011, Policy SE 1, Development within Villages and small settlements. This sets the policy context for development within the small settlement of. The applicable policy refers to development being of a size and character that reflects the settlement and comply with all other relevant plan policies. 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. 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. 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 River Agency The site is not affected by any watercourse and does not lie within the 1 in 100 year fluvial flood plain or 1 in 200 year coastal floodplain. Due to the size and nature of the development and potential risk from surface water flooding, a Drainage Assessment was required. The applicant has 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. NI Water - Public water supply, foul sewer and surface water sewers are located within 20m of the proposal. Standard informatives provided. Shared Environmental Services - There was a concern that the local pumping station which is required to connect to the WWTW does not have capacity. It was agreed that as the application is an outline, a negative condition could be placed on any potential approval that would require a NI Water Article 161 agreement in place prior to commencement of operations on site. Transport NI There were Initial concerns regarding the technical detail required to bring the road network up to adoptable standard. This has now been resolved and TNI now have no objections to the proposal subject to conditions. Environmental Health No concerns were raised regarding the principle of the development; however an acoustic report was required due to the proximity of a concrete batching plant. Therefore Environmental Health have requested a 2.5 metre acoustic fence along the Northern and Western boundaries.
Appendix 3 Photos showing of existing boundaries where acoustic barrier will be erected. 9. Representations The proposal received one objection from a neighbouring resident. Essentially there were two elements to the objection. The objector s home would be overlooked by the development resulting in a lack of privacy. The proposed development is in line with a previous approval, however due to environmental Health concerns, a 2.5 metre boundary fence will be conditioned as part of an approval. The dwelling closest to the objector will be sited obliquely to the objector s home and any windows
on the upper floor can be carefully considered as part of a full or reserved matters application but fundamentally would not look directly onto the objector s rear garden. The proposed dwelling closest to the objector would have a garden depth of 8 metres and from the concept plan a private rear garden of 100 m2. When including the distance within the objector s garden there is a total separation distance between the objector and the closest proposed dwelling of 24 meters. The second element raised issues with regard to road access, increased usage and construction traffic. In terms of the construction traffic, this would be an unavoidable but temporary disruption and would be considered as an acceptable short term arrangement. The remaining matters required consultation with Transport NI who confirmed by a positive response and conditions that they would adopt the road and the numbers quoted as part of the proposal would be acceptable and not create over intensification of the public road. 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 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 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 one objection received. The policy consideration is set out below: Derry Area Plan 2011 The site is within the settlement limits of the small settlement of Village, on un-zoned white land. The principle of housing on the site is therefore considered an acceptable use on the site, provided it is in keeping with the size and character of the settlement. The Strategic Planning Policy Statement for NI (SPPS) The SPPS supports and strengthens PPS 7 in that it requires submission and agreement of a design concept statement/plan. A concept plan has been submitted with the application which demonstrates
how the site will be developed. 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 requirement of PPS 15 policy FLD 3, a Drainage Assessment was submitted throughout the processing of the application which is considered appropriate to the scale and nature of the development; see Rivers Agency response earlier. 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. There are conditions provided relating to the Privates Streets Determination in the event of a reserved matters application if the outline proposal is approved, 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) The proposal aims to access through the existing development at the Village Green where this could be considered as the next phase of the development. The development layout as shown on the concept plan (see below) respects the surrounding context and is appropriate to the character of the site. The scale, proportions, massing and appearance of buildings will be dealt with at reserved matters application stage, and details of existing and proposed levels will be required.
Proposed Block Plan b) There are no features of archaeological or built heritage in the area. c) Adequate provision has been made for communal open space within the development which was approved under the previous approval, and takes the form of a shared space sited in the centre of the development. The current application does not alter either the size or location of the open space. The concept plan indicates private garden areas; however it is at reserved matters or full application stage that these details will be required, to ensure satisfactory private amenity space and separation distances in accordance with PPS 8 and creating places. d) Local neighbourhood facilities are not required due to the scale of the scheme
e) A movement pattern has been established for the development through the previous approval. This is replicated through this application in which the pattern is based upon one vehicular entrance with an adopted road serving the rest of the development centred on the communal open space, which all houses will front onto or have access to. f) Adequate provision has been made for parking within the development. Transport NI have no issues with the level of parking provided and it meets the requirements of PPS 3 and the published Parking Standards. g) With regards to the design, this is an outline planning application and therefore a concept plan showing how the site could be development is only what is required at this stage. The concept plan indicates there will be 25 dwellings located around a central open space. The design elements including the form, materials and detailing will be provided at the reserved matters stage if the application is granted approval. h) The 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, noise or other disturbance. The boundary treatments and separation distance should allow for a successful integration of the scheme in terms of not overlook any existing properties. At detailed design stage, the proximity to existing residents and adequate separation distances between properties will be required to address amenity concerns. i) The development is designed to deter crime and promote personal safety to and from the site the units are orientated to face onto the open space which will provide a good degree of supervision onto the open space that sits in front of the proposed dwellings. The proposal will therefore promote personal safety for the proposed and existing residents/users in the area.
Appendix 3 Photo of South Western boundary of the site 11. Conclusion and Recommendation The proposal is considered acceptable in that it is in accordance with the DAP 2011 and other material considerations. Specifically, the development is within the development limits and is of appropriate size and character for this settlement it also meets the criteria of QD1 of PPS 7 in that it has been demonstrated a quality residential environment can be achieved, and the additional criteria in support of PPS 7 as set out in Policy LC1 of the Addendum to PPS 7 has been met. There will be adequate provision of open space in accordance with PPS 7 and PPS 8; provision of infrastructure works 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 representation received and the previous planning permission, but overall they support an approval of the application. It is therefore recommended that the Council s Planning Committee approve planning permission LA11/2015/0263/O for the proposed development subject to conditions set out below;
Conditions for LA11/2015/0263/O 1.As required by Section 62 of the Planning Act (Northern Ireland) 2011, application for approval of the reserved matters shall be made to the Department within 3 years of the date on which this permission is granted and the development, hereby permitted, shall be begun by whichever is the later of the following dates; (i) (ii) The expiration of 5 years from the date of this permission; or The expiration of 2 years from the date of approval of the last of the reserved matters to be approved. Reason: Time Limit 2. Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called 'the reserved matters'), shall be obtained from the Council, in writing, before any development is commenced. Reason: To enable the Council to consider in detail the proposed development of the site. 3. The under-mentioned reserved matters shall be as may be approved, in writing, by the Council:- Siting; the two dimensional location of buildings within the site. Design; the two dimensional internal arrangement of buildings and uses and the floor space devoted to such uses, the three dimensional form of the buildings and the relationship with their surroundings including height, massing, number of storeys, general external appearance and suitability for the display of advertisements. External appearance; the colour, texture and type of facing materials to be used for external walls and roofs. Access; the location and two dimensional design of vehicular and pedestrian access to the site from the surroundings and also the circulation, car parking, facilities for the loading and unloading of vehicles and access to individual buildings within the site.
Landscaping; the use of the site not covered by building(s) and the treatment thereof including the planting of trees, hedges, shrubs, grass, the laying of hard surface areas, the formation of banks, terraces or other earthworks and associated retaining walls, screening by fencing, walls or other means, the laying out of gardens and the provisions of other amenity features. Reason: To enable the Council to consider in detail the proposed development of the site. 4. The development hereby permitted shall not be commenced until the applicant has entered into an Article 161 agreement with NI Water. Reason: To ensure the development has a satisfactory means of Waste Water Treatment. 5. No development shall take place until full details of all proposed tree and shrub planting and a programme of works, have been approved by the Council, and all tree and shrub planting shall be carried out in accordance with those details and at those times. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape. 6. 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 Council gives its written consent to any variation. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape. 7. No development shall take place until a plan/cross sections of the site have been submitted to and approved by Council indicating the existing and proposed contours, levels and finished floor levels of the proposed dwellings. Reason: To ensure the development takes account of the sites natural features and to safeguard the amenities of the adjacent and proposed dwellings.
8. A boundary treatment plan for the site shall be submitted at reserved matters stage, defining each curtilage. The boundary treatments shall be carried out as approved. Reason: To ensure boundary treatments are provided to assist in the provision of a quality residential environment in accordance with PPS 7 Quality Residential Environments. 9. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. The development shall be in accordance with the requirements of the Department's Creating Places Design Guide and, for the purpose of adopting private streets as public roads, the Council shall determine the width, position and arrangement of the streets associated with the development and the land to be regarded as comprised in those streets. Reason: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Street (Northern Ireland) Order 1980. 10. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order 1993, no buildings, walls or fences shall be erected, nor hedges, nor formal rows of trees grown in verges or service strips determined for adoption. Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services. 11. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order 1993 no planting other than grass, flowers or shrubs with a shallow root system and a mature height of less than 500 mm shall be carried out in verges or service strips determined for adoption. Reason:In order to avoid damage to and allow access to the services within the service strip.
12. At Reserved Matters Stage parking and servicing shall be in accordance with the requirements of the Department s current published Parking Standards. Reason: To ensure the provision of adequate parking facilities to meet the needs of the development and in the interests of road safety and the convenience of road users. 13. Notwithstanding the provisions of the Planning (General Development) Order (NI) 1993 no garages shall be sited closer than 6.0 metres from the back of the footway or the near edge of a shared surface carriageway. Reason: To ensure that there is space for a parked vehicle without encroaching onto the footway or service strip. 14. The development hereby permitted shall not be commenced until any highway structure/retaining wall or culvert requiring Technical Approval, as specified in the Roads (NI) Order 1993, has been approved and constructed in accordance with BD2 Technical Approval of Highways Structures : Volume 1: Design Manual for Roads and Bridges. Reason: To ensure that the structure is designed and constructed in accordance with BD2 Technical Approval of Highways Structures: Volume 1: Design Manual for Roads and Bridges 15. Fully detailed drawings shall be provided to show : basic engineering details including road/footway widths, corner radii, relevant spot heights, sightlines traffic calming features, Long section shall be provided with gradients written on section: 1:25 for first 10 m; 1:10-1:150 thereafter. provision for carrying off surface water, invert levels, position of manholes and connections to existing drains position, levels and gradients of drains intended for foul water and position of manholes and connections to existing drains position of all structures, pipelines and retaining walls that may require Technical Approval drainage drawings showing gully positions and adoptable storm drain locations
Reason: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Street (Northern Ireland) Order 1980. 16. Prior to occupation an acoustic barrier of appropriate design and construction to be erected along the northern and western boundary of the site at 2.5m height providing acoustic attenuation between the proposed dwellings and the existing concrete manufacturing plant and shall be retained hereafter. Reason: To protect residential amenity against the impact of noise.