Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 20.12.2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0495/F Full Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing end use" on the site, under PPS 16 Lands opposite 52 Lismacarrol Road/Glenshane Road, Crossballycormick, Londonderry Ms Catherine Deery ASI Architects Ltd ADVERTISEMENT: 26.10.2016 STATUTORY EXPIRY: 09.11.2016 RECOMMENDATION: Approve REASON FOR PRESENTATION TO COMMITTEE: The development proposed has more than 5 housing units. All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on www.planningni.gov.uk 1. Description of Proposed Development Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing end use" on the site, under PPS 16 2. EIA Determination Development falls within category 12 (C) of Schedule 2 of the Planning (Environment Impact Assessment) Regulations (NI) 2015. The Council is obliged to under Regulation 10 (1) of these regulations to make a determination as to whether the application is for EIA development. The Council has determined as such that the planning application does not require to be accompanied by an Environmental Statement.
3. Site and Surrounding Area The site proposed is an agricultural field which has been included entirely within the red outline of the application. Within the red line identifying the site the proposal includes an access road which runs from the Glenshane Road to the South of the site where it turns to the east to access car parking and the 6 cottage style apartments and the managers dwelling proposed which is located to the north east of the proposed apartments. The cottage style apartments are laid out in two blocks with three two storey apartments located in each block with a planted courtyard area located in the centre as can be seen in the attached layout plan. The proposal then seeks to have car parking and services to the west of this with the managers dwelling proposed located to the north east of the holiday chalets. The proposal when it was originally submitted included path ways leading to the river and 3 fisherman s stands on the river bank allowing access to the river. These however were removed dues to concerns that they would affect the integrity of the River Faughan ASSI/SAC designation. At present there are foundations on the site which relate to two previous approvals for a managers dwelling under Application A/2007/0897/RM and a previous approval for a 6 no self-catering tourism chalets for fisherman approved under A/2007/0895/RM. Both these applications were implemented in time and are therefore a material start on the site which the applicant could move forward with and complete at any time. The new chalets proposal are similar to the previous approval and seeks to locate the 6 self-catering chalets largely on the site of the previous approval with the new application then seeking to move the managers dwelling to the north east of the site further away from the River Faughan. The new proposal also seeks to move the car parking and pathways away from the River Faughan. Views of development will be limited as the site sits below the main public Road (Glenshane Road) and the mature vegetation which is to be retained surrounding the site shields views of the development.
Appendix 1 Site Location Plan Application site and adjoining lands currently
4. Site Constraints The site is adjacent to the River Faughan and Tributaries SAC/ASSI. The Derry Area Plan 2011 states that the site is within an Area of Constraint on Mineral Developments and is also within an Area of High Scenic Value. 5. Neighbour Notification Report No Neighbours located within 90m of the development proposed. 6. Relevant Site History A/1998/0136/O: Site for managers dwelling- Approval A/1998/0137/O: Site for 6 no self-catering anglers holiday chalets- Approval A/2002/1109/O: Site for managers dwelling Approval A/2002/0937/O: Site for holiday accommodation - 6 No self-catering tourist chalets for fishermen Approval A/2007/0895/RM: Construction of 2no. 1-2 storey buildings comprising 6no. 2 bedroom selfcatering tourist chalets for fishermen and all associated site works Approval A/2007/0897/RM: Construction of 1-2 Storey split level Managers Dwelling and all associated site works - Approval 7. Policy Framework Regional Development Strategy for Northern Ireland 2035 Derry Area Plan 2011 'Strategic Planning Policy Statement for Northern Ireland' (SPPS) - Planning for Sustainable Development Planning Policy Statement 2: Natural Heritage Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 15: (Revised) Planning and Flood Risk Planning Policy Statement 16: Tourism Planning Policy Statement 21: Sustainable Development in the Countryside
8. Consultee Responses Transport NI-No objections subject to conditions and informatives Tourism NI No objection NIEA No objection subject to conditions and informatives Shared Environmental Services- No objection subject to conditions Environmental Health- Have no objections subject to conditions and informatives Northern Ireland Water-No objection subject to informatives. Rivers Agency No objection with informatives provided. 9. Representations Consideration Two representations were received to the proposed development. The objections raised the following issues: Lack of a final EIA screening after one and half years of processing the application EIA screening not available on the planning portal River Faughan Anglers have not provided a letter of support for the current application despite the letter provided by the applicant s consultant and have declined to provide a letter of support on two occasions. River Faughan Anglers do not have a mechanism whereby permits can be issued to those using this accommodation and have never been approached by the agent or applicant to explain how the facility would operate. Objector would like a copy of EIA determination for application A/2007/0895/RM 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. This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Strategic Planning Policy Statement for Northern Ireland, PPS 2 Natural Heritage, PPS 3 Access Movement and Parking, PPS 15 Planning and Flood Risk, PPS 16 Tourism, PPS 21 Sustainable Development in the Countryside and relevant planning history, as well as the representations received. The proposal is for Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing enduse" on the site, under PPS 16
Appendix 1 Site layout. Managers Dwelling Proposed
Appendix 1 Holiday Chalets Proposed Holiday Chalets Proposed
Derry Area Plan 2011 The site is located outside the development limits of Derry as defined in the development limits of Derry Area Plan 2011. The site is identified as being within an Area of High Scenic Value (AoHSV) and therefore Policy ENV 1 of the DAP 2011 is a material consideration in this application. Policy ENV 1- States that proposals for development which would adversely affect or change either the quality or character of the landscape within the AoHSV will not normally be permitted. The proposal in its present form is to essentially replace the existing development approved and started onsite. The proposal will not alter the existing established character and will have no significant visual impact given the limited views of the proposal at this location. 'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (known as SPPS) The SPPS supersedes PPS 1 General Principles, however the guiding principle of what PPS 1 aimed to achieve in terms of public interest is supported through the SPPS; in particular, paragraph 2.3 states that the planning system operates in the public interest of local communities. It does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Paragraph 5.72 of the SPPS further emphasises this in that sustainable development should be permitted, having regard to the local development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In such cases the planning authority has power to refuse planning permission. Amenity The impact of the proposal on the surrounding land uses and buildings has been considered. The proposal seeks to develop 6 self catering holiday chalets with a managers dwelling on the site of a similar scheme already approved and commenced. The development as proposed will not impact on the amenity of any adjacent land uses.
Overall it is considered that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS. Planning Policy Statement 16: Tourism: TSM5 states that Planning Approval will be granted for self catering units of tourist accommodation in in a number of circumstances with the first criteria being that all units are located within the grounds of an existing or approved hotel, self-catering complex, guest house or holiday park. The proposal under consideration with this application is located within the site of a previous approval for a managers dwelling A/2007/0897/RM and 6 self catering chalet style apartments A/2007/0895/RM; both of which were implemented onsite before the applications expired. Therefore there is a live approval onsite which the land owner could proceed to development at any point which satisfies the criteria set out in this policy. The policy also goes on to state that self catering development must be subsidiary in scale and ancillary to the primary tourism use of the site. The tourism accommodation approved on site and now proposed in the current application is for self catering chalets marketed for fisherman seeking to fish the nearby River Faughan. The development itself seeking to largely replace the approved development onsite with the proposed chalets largely located over the footprint of the approved chalets and the managers dwelling located to the north east of the site with the proposal not creating a significantly greater visual impact than the development previously approved on the site. The proposal therefore complies with the policy requirements. The policy also states that all permissions for self catering accommodation will be conditioned requiring the units proposed to be used for holiday letting accommodation only and not for permanent residential accommodation. The proposal therefore complies with the policy requirements of PPS 16. Planning Policy Statement 21: Sustainable Development in the Countryside There are a range of types of development which in principle are considered to be acceptable in the countryside and that will contribute to the aims of sustainable development. PPS16 has
superseded the TOU Policies of a Planning Strategy for Rural Northern Ireland. The proposal complies with TSM5 of PPS16 and therefore meets CTY1 of PPS 21. CTY 1 of PPS 21 goes on to state that all proposals for development in the countryside must be sited and designed to integrate sympathetically with their surroundings and to meet other planning and environmental considerations including those for drainage, access and road safety. Access arrangements must be in accordance with the Department s published guidance. In consideration of this proposal, Policies CTY 13 and CTY 14 of PPS 21 also apply. In accordance with the SPPS a greater level of emphasis is placed on integration than that set down in CTY 13. In terms of integration, the views of the application site are limited as the site is located at a lower level than the main Glenshane Road with vegetation along the roadside verge shielding views into the site. The main views will be limited to locally when entering the site from the main road with views further limited through the addition of planting along the north of the chalets and managers dwelling providing a new boundary within the site. This site therefore is considered to be compliant with Policy CTY 13 in terms of integration. In terms of rural character, the policy provisions of CTY 14 are considered. As detailed above, the proposal is for 6 chalets and a managers dwelling on the site of a live approval for a similar scheme approved under Applications A/2007/0897/RM and A/2007/0895/RM. The current proposal seeks to build the chalets proposed largely on the site of the previous approval with the applicant seeking to move the managers dwelling to the north east of the site. The development proposed on this site would not appear unduly prominent in the landscape due to the existing mature vegetation surrounding the site and the fact that the development proposed is located below the level of the public road limiting views of the development therefore it is compliant with part (a). The development is proposed on the site of a previous approval for a mangers dwellings and holiday chalets which has been implemented onsite and seeks to replace these. As discussed the proposal seeks to build the holiday chalets largely over the footprint of the approved chalets therefore there will be no build-up of development at this part of the site. The applicant then seeks to move the mangers dwelling to the north east of the site away from its original location. It is proposed to seek the removal of the foundations of the existing managers dwelling through condition prior to commencement of works for the proposed managers dwelling at its new location to ensure there is no build-up of development on the site. The proposal therefore complies with criteria b.
The design and layout of the proposal is similar to the current approval and pattern of development onsite. The proposal seeks to provide two blocks of apartments/chalets with the Mangers dwelling located to the north east which complies with criteria c. The development proposed does not add to or create a ribbon of development and the ancillary works do not damage the rural character therefore the proposal complies with criteria d and e of the policy. I would be of the opinion that the proposal complies with the policy requirements CTY 1, CTY 13 and CTY 14 of PPS 21 Planning Policy Statement 2: Natural Heritage The proposal has been considered in relation to the potential impact on protected habitats and species as the site is adjacent to the River Faughan ASSI/SAC. In consultation with NIEA and SES it has been established that there is potential risk of pollution during construction period and during routine maintenance. However the applicant has submitted a preliminary construction management statement and maintenance statement outlining on how they propose to mitigate against any potential pollution. SES and NIEA have advised that subject to conditions implementing the above plans they are content that there will be no adverse impact on the protected habitats or species. Planning Policy Statement 3: Access, movement and parking Transport NI have indicated that they have no objections to the proposal and are content that the proposal is in compliance with the policies within PPS 3. 11. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, surrounding planning history, third party representations, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to approve planning permission for the proposed development.
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. No further development herby permitted shall commence onsite until the foundations within the area shaded blue on approved drawing 04 date stamped 6 October 2014 have been removed and confirmed in writing by the Council. Reason: To ensure no build-up of development on the site. 3. The vehicular access, including visibility splays and any forward sight Distance of 4.5 x 2015, shall be provided in accordance with Drawing No. 06 (Rev. 1) bearing the date stamp 7 th August 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. 4. 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. 5. A final Construction Environmental Management Plan must be submitted to Derry and Strabane District Council by the appointed contractor prior to any further works commencing onsite. This shall reflect all the mitigation and avoidance measures to be employed as outlined in the Construction Environmental Management Plan (02/05/2017) and all additional information submitted. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local authority. Reason: To protect the integrity of the River Faughan Special Area of Conservation (SAC) 6. A suitable buffer of at least 10m must be maintained between the location of refuelling, storage of oil/fuel, concrete mixing and washing areas and the boundary of the River Faughan and Tributaries SAC Reason: To protect the integrity of the River Faughan Special Area of Conservation (SAC)
7. All in river works and works adjacent to the river must be carried out outside the atlantic salmon spawning season (31 st October to 31 st March) Reason: To protect the spawning salmon. 8. A closed landfill site at 163 Glenshane Road which is regulated under a waste Management License by NIEA shares a boundary with the proposed residential development site. Prior to commencement, EHD would advise the applicant to undertake a ground gas assessment to establish whether there is any ground gas present on the proposed development site. This assessment should be carried out in accordance with CIRIA C665 Assessing risks posed by hazardous gases to buildings (July 2007) Reason: To ensure the land used for residential purposes does not present a risk to human health.