Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 1 st July 2015 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0266/F Residential Development Proposed change of House type and numbers to scheme previously approved. Replace 8no two storey detached dwelling with 16 no total semi detached units for elderly residents. Land between 126 Racecourse Road & The Manse, Racecourse Road Ballyarnett & accessed from Mansefield Grove. E Doherty & Sons Ltd AQB Architectural Workshop Ltd ADVERTISEMENT: 28.05.2014 STATUTORY EXPIRY: 18.06.2014 RECOMMENDATION: APPROVE REASON FOR PRESENTATION TO COMMITTEE: Housing development, greater than 5 dwellings. 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 proposed development is for the erection of 16 semi-detached bungalows. There is an approval for 9 detached dwellings that were previously granted on the site. The application wording suggests that the bungalows will be used for elderly occupants. 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 and therefore exceeded the threshold set out in Schedule 2. 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. 3. Site and Surrounding Area The site is situated within the existing urban area at the NW part of Derry City. The site is within an existing residential area accessed through Mansfield Grove which itself is accessed through the Fir road by the Racecourse Road at Ballyarnet. Within Mansfield Grove, the predominant house type is detached two storey with a brick ground floor and a rendered Mock Tudor upper floor. The dwellings would have been completed sporadically through the last twenty years leaving several gap sites throughout the existing development, presumably due to the nature of selling individual dwellings on a plot by plot basis. The road network has been completed and
adopted throughout with an existing network of accompanying footpaths. At the site, there is the initial turning head access point which has been completed for the first metre. In addition to Mansfield Grove itself the existing housing in the area comprises of two distinct pockets of development that abut the northern and southern boundaries of the site. The northern would be The Manse which is a quite compact cul de sac of 7 two storey detached dwellings on a site that is approx. half of the size of the current application site. To the south, there is a well-established row of 4 terraced dwellings (No s 120 to 126 Racecourse Road) these dwellings may well date back to around the 1920 s and add character to the area. Directly opposite the site is the existing Earhart Public Park and the access to Steelstown GAC and Cornshell Fields Housing development. Location map showing site within the red line and the surrounding residential development. Overall the topography is quite level with small undulations beyond the site to the North east and south west. Within the site, there has been a large amount of spoil deposited some time ago and this has been allowed to overgrow resulting in the site being quite thick with foliage. The best views of the site are from outside the boundaries as can be seen from a number of the photographs below.
View of site and surrounding area from Racecourse Road at junction with Cornshell Fields, to the east of the site, looking towards Bradleys Pass. View of access road to site (right of lamppost) with No. 6 Mansfield Grove (centre).
View of site from inside Mansfield Grove with existing development at The Manse in the background View of access to site from Mansfield Grove.
4. Neighbour Notification Report Neighbour Address Date Neighbour Notified 119 Racecourse Road BT48 8NF 120 Racecourse Road BT48 8NF 122 Racecourse Road BT48 8NF 124 Racecourse Road BT48 8NF 126 Racecourse Road BT48 8NF 1 The Manse 2 The Manse 3 The Manse 9 Mansefield Grove, Ballyarnett, Derry.
5. Site Constraints The application site has no relevant site constraints or designations. 6. Relevant Site History A/2004/0020/F - Proposed Erection of 9no. Dwellings and Domestic Garages and Alterations to Approved Site Layout Permission Granted A/1993/0713/O - Site for housing and layout of estate road Permission Granted 7. Policy Framework RDS 2035 - SFG7 (meeting the housing needs of Derry) Derry Area Plan 2011. - The site is zoned as housing (H11) under the Area plan and therefore the principle has been established. PPS 1 General Principles - These are the principles that the Council observes in carrying out its planning functions, including exercising of its control over development. Of particular relevance to this application are paragraphs 15 to 22 regarding design considerations and paragraph 52 relating to amenity. PPS 3 Development Control: Roads Considerations - Transport NI have returned conditions and Informatives recommending approval for the proposal. 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. 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. PPS 7 (addendum) this policy is to supplement the main PPS7 document with regard to safeguarding the character of established residential areas. Creating Places/living Places this is guidance to aid designers in creating quality residential developments. The proposal meets the guidance laid out within the two documents. 8. Consultee Responses, Internal/External Transport NI has no objections to the development. Conditions and Informatives and agreed Private streets drawings to adopt the roadway have been returned to the Council to allow an approval to issue.
Derry City Council Environmental Health Department has no objections to the proposed development in principle. An informative regarding Noise and dust is to be included if the proposal is approved. NI Water has no objections to the proposed development in principle. Informatives have been provided should an approval be issued. 9. Representations Consideration The application was neighbour notified and 41 objections were received. Of those objections, 37 were identical objections raising the same issues but each signed by a different individual. The remaining 4 were individual objections raising their own specific issues. Issues raised The form, density and character of the proposed development detracts from the existing character of Mansfield Grove. The plot sizes are of insufficient size to accommodate the proposed dwellings, i.e. overdevelopment. Layout is unimaginative, additional traffic will cause health and safety issues to the existing Mansfield Grove residents, this would include children being put more at risk by the additional traffic. The road access within Mansfield Grove is too narrow and not designed for the additional traffic. In addition there are two corners in close proximity which may lead to road safety problems. The retirement village will be on a rental basis as opposed to free hold properties of the existing residents. Overlooking/privacy issues, loss of light. Proposal is not in accordance with the existing Mansfield Grove properties of 4 to 6 bedroom housing. A retirement village will not sit well with private family housing. Possibility of selling the dwellings to a housing provider and leading to a loss of value to houses in Mansfield Grove. The builder should revert to the original approval for 6 large detached dwellings. The development should be sealed off from Mansfield grove and accessed directly onto the Racecourse road so the retirement home occupants will not drive through Mansfield Grove. The proposed dwellings (termed as rabbit hutches) are the size of a garage within Mansfield Grove. There will be too much disparity between the value of existing dwellings and the proposed retirement houses. Rental accommodation should not be introduced into a street which is 100% owner occupied. Lack of appropriate and sufficient rear gardens. The retirement residents will have to adhere to regulations as part of lease which will involve policing existing residents too.
Consideration of issues raised in Objections With regards to all the issues referring to roads access, suitability of road and road safety etc. all the issues have been considered and Transport NI have assessed the proposal under their legislation. TNI have accepted the proposal meets the relevant standards and access requirements and have issued the Council with Conditions and Informatives and will adopt the proposed road upon completion of the development. Transport NI have raised no safety issues regarding any aspect of the development. The form, density and layout of the proposed development is considered acceptable: the plot sizes and depths are well within guidance levels of Creating Places. In terms of private amenity space guidance recommends an average of 70 m2. The proposed dwellings would have an average range of private amenity spaces from 84 m2 to 294 m2, this is in line with Planning Policy Statement 8 Open Space. In terms of separation, all the proposed dwellings that sit back to back with the existing development at The Manse have a separation of at least 18 metres. The separation is consistent with existing acceptable levels in guidance. The form is that of a street, with dwellings that face each other and two other dwellings that front the main access road that leads to the rest of Mansfield Grove. This is a traditional street layout that reflects the rest of the development s street pattern. There is no issue with overlooking as the bungalows have sufficient separation with the existing development and sit gabled to the closest dwelling within Mansfield Grove (number 6). The separation distance would also preclude any unreasonable loss of light. Regarding the developer not building 4 to 6 bedroom houses, the proposed bungalows are two bedroomed and would be acceptable in a mixed tenure scheme which is actively promoted by Planning Policy Statement 7, Quality Residential Developments. With regards rental as opposed to ownership of dwellings, this is not something within the planning authority s remit to force a developer to provide either option. The authority is content that the proposed dwellings meet all Planning Policy requirements, but as to the control of how they are either sold on or retained by the developer is not within the remit of the authority. This extends to the mention of any legal agreements between probable tenants and the developer. Nothing has been submitted or proposed to the planning authority for consideration, though any such agreement would be between two third-parties so any concern over this would be a civil matter between the residents and the developer. There is no evidence that this proposal would reduce property values and, whilst this is a material consideration, it is not of determining weight to set aside the Planning Criteria of PPS7 QD1. Planning would see no distinction or potential conflict between the existing residential development and the retirement home element. They are both within the same Class C residential use. A private dwelling being Class C1 and the residential care element being Class C3. The proposed dwellings will function as per a normal residential unit and therefore should be compatible with the existing development. With regards to the original approval or intention to develop 6 dwellings on the site. The applicant is entitled to apply for a new development which if it meets the criteria of Plan and Policy and still reflects a quality development this can potentially be approved. The proposal in this case has not been considered as overdevelopment and is therefore considered acceptable in terms of PPS 7 QD1.
Transport NI have no concerns over an access through Mansfield Grove and an access directly onto Racecourse road has not been proposed by the developer. 10. Planning Assessment and Other Material Considerations Consideration under PPS7 Criteria (a) The proposal aims to conclude the existing development at Mansfield Grove where this could be considered as a phase of the development. The development respects the surrounding context and is appropriate to the character of the site. The levels proposed would bring the site back into line with the existing development and remove the extreme gradients, due to the earth mound, that exist in particular on the North eastern boundary where the site abuts The Manse housing development. Proposed Site Layout
(b) There are no features of archaeological or built heritage in the area. The landscape is level, however the area adjacent to the Manse has a large amount of spoil on site which would be removed to enable construction. (c) There is no requirement for public open space on a development of this size. In terms of private amenity space, this has been measured with the smallest rear garden measuring at 84 m2 whilst the largest is 294 m2; this is within the acceptable standards required. (d) Local neighbourhood facilities are not required due to the small scale of the scheme. (e) Due to the size and nature of the proposal, a movement pattern has been established by the current Mansfield Grove development which is predominately car based. The new development will sit within an already agreed network but albeit to a greater density. Therefore there is no opportunity to enhance the movement pattern for this proposal given its small scale and established road network. There is a public Transport bus route on the nearby Madam s Bank road. (f) Transport NI has previously considered that the parking is acceptable. This application has been recommended for approval subject to meeting conditions required for adoption. (g) The design has never been raised as an issue on the site and is considered acceptable, with elements of the existing dwellings in its mock Tudor styling with a mixture of plaster to the gable and brick elevational treatment. Proposed House Types.
(h) The proposal does not conflict with adjacent land use, as the residential nature is acceptable in principle, given the surrounding area is zoned as residential. The proposed dwellings are single storey and there will be no unacceptable adverse effect on existing properties in terms of overlooking, loss of light. (i)the layout creates an outward facing street with views onto the street, there is good supervision throughout the site which creates positive frontages to the street. Addendum to PPS7 Safeguarding the Character of Established Residential Areas. Policy LC 1 - The proposed sites have met the criteria as laid out in in Policy QD 1 of PPS 7. The proposed development is not significantly higher than the established residential area which includes not only Mansfield Grove but The Manse and No s 120 to 126 Racecourse Road. The pattern of development is in keeping with Mansfield Grove and The Manse. The development maintains a good ratio of built form to garden space which is in keeping with the larger plots of Mansfield Grove and is more generous than the Manse development. The architectural style takes its cue from the style and material of Mansfield Grove. The space standards as defined in Annex have also been adhered to. Terraced row of four dwellings along Racecourse Road adjacent to the site which forms part of the overall character of the area.
Existing housing development The Manse when viewed from Racecourse road, which illustrates established character in the area. Site boundary where it abuts No. 6 Mansfield Grove (left) and The Manse (right)
Consideration under PPS3 Transport NI have assessed all aspects of the proposal under PPS 3 and recommend approval of the application and have provided conditions and informatives. Transport NI were re-consulted after all the objections were received and the points raised were considered in their assessment of the application. Transport NI have agreed the extent of the adoptable road network to be taken over by them at the end of the development. Access to site from Mansfield Grove. 11. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies and consultations, it is recommended that the Planning Committee grants planning permission for the proposal. 12. Conditions 1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: Time Limit.
2. During the first available planting season after commencement of the development hereby approved, or as otherwise agreed in writing with the Council, landscaping (other than boundary treatments to dwellings) shall be carried out in accordance with the Block Plan Drawing No. 02 dated 18/05/15. Reason: in the interest of visual and residential amenity. 3. The boundary treatment to each dwelling as identified on drawing No 02 dated 18/05/15 shall be completed prior to the occupation of each dwelling. Reason: in the interest of visual and residential amenity. 4. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape. 5. The vehicular accesses including visibility splays and any forward sight distance, shall be provided in accordance with Drawing No PSD/13` (Rev A) ;Drawing No FS/13 and site section/13 bearing Transport NI date stamp 18 May 2015, prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter. Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users. 6. The access gradients to the dwellings 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. 7. The gradient of the access road shall not exceed 4% (1 in 25) over the first 10m outside the road boundary. Where the vehicular access crosses a footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway. Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
8. 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 PSD/13` (Rev A) ;Drawing No FS/13 and site section/13 bearing TransportNI date stamp 18 May 2015, 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. 9. The development hereby permitted shall not be commenced until any highway structure/retaining wall/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. 10. If the finished ground level of the property, within 1.0m of the footway or verge, is greater than 150mm below the finished level of the adjoining footway or verge, a boundary fence or wall shall be provided to a minimum height of 1.1 m above the footway or verge level. Reason: To ensure the safety of pedestrians on the public road. 11. A detailed programme of works and any required / associated traffic management proposals shall be submitted to and agreed by Transport NI, prior to the commencement of any element of road works. Reason: To facilitate the convenient movement of all road users and the orderly progress of work in the interests of road safety.