Appendix 14

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 6th September 2017

APPLICATION No: LA11/2016/1006/O

APPLICATION TYPE: Outline

PROPOSAL: Outline planning permission for domestic dwelling

LOCATION: 177A Glenshane Road, Londonderry, BT47 3EN

APPLICANT: Gordon Moore

AGENT:

ADVERTISEMENT: 25.10.2016

STATUTORY EXPIRY: 28.12.2016

REASON FOR RECOMMENDATION TO PLANNING COMMITTEE: Refusal of Planning Permission

Returned to committee following site inspection carried out on 19th July 2017 at members’ request.

Site Visit Attendees: Ald Hamilton, McClintock, Bresland, Kerrigan

Cllrs Hastings, Boyle, Kelly, Jackson, Gardiner, Logue

Planning: S McCracken, R McMenamin, C Rodgers

RECOMMENDATION: Refuse

All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

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1. Description of Proposed Development

The proposal is for a dwelling.

2. EIA Determination

The proposal is not EIA determination.

3. Site and Surrounding Area

The site is set within the countryside as set out in the Derry Area Plan 2011. The proposed

site is located in the side and rear garden of No 177a Glenshane Road. The site is irregular in

Appendix 14

shape and wraps around the side and rear garden (south and south west) of No 177a

Glenshane Road. The site slopes steeply down to Madams Burn for the existing chalet

bungalow (No 177a) in a southerly direction. The SW (rear of dwelling) sections of the site fall

gently away from the dwelling.

The site itself is serviced by an existing laneway which services the host dwelling No 177a as

well as 175a, 177b and No 179.

Madams burn is located to the immediate south and south east of the site. To the north a

number of dwellings are located. The Belfray hotel is located further to the north of the site.

To the south is Madams Burn and thick vegetation and further to the south approx. 75m from

177a, is no 185 Glenshane Road.

Site Location Plan

Appendix 14

4. Site Constraints

Area of constraint on mineral development

Area of high scenic value- Faughan

5. Neighbour Notification Report

6. Relevant Site History

A/2014/0421/O Lands adjacent and to the north of 183 Glenshane Road, The Cross, L'derry

Site for dwelling- Approved 09.12.2014

LA11/2015/0584/O- 175B Glenshane Road, Cross, Co Londonderry BT47 3EN- New 2 storey

dwelling (for the use of grandparents) within the curtilage of an existing 2 storey dwelling

Approved 07.07.2016

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LA11/2016/0217/O- Land between 175B & 183 Glenshane- Site for dwelling and garage

within existing cluster of development- Approved 17.10.2016

7. Policy Framework

Strategic Planning Policy Statement

Derry Area Plan 2011

PPS2 Natural Heritage

PPS3 Access, Movement and Parking

PPS15 Planning and Flood Risk

PPS21 Sustainable Development in the Countryside

8. Consultee Responses, Internal/External

Transport Ni- Subject to the applicant amending the red outline on the proposed site location

plan to show control over the access from the public road to the proposed dwelling,

TransportNI have no objections to this application.

Environmental Health Department- No Objection

NI Water- No Objection

Loughs Agency- No objection

NIEA Water Management Unit- No Objection and refers to standing advice

NIEA HED- We note from a desk top study of our GIS and aerial photography records that the

application site is located within an area of sensitivity for Northern Ireland priority habitat or

priority species. NIEA has developed a Biodiversity Checklist and a range of standing advice

that would assist with the consideration of the potential impacts of the proposal on natural

heritage interests. HED have also identified the need for a 10m buffer from the watercourse.

9. Representations

No representations

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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.

Para 6.73 of the SPPS echoes the policy criteria as set out in PPS21 Policies CTY2a Dwellings in

existing clusters andCTY8 Ribbon. Policy CTY 1 of PPS21 lists the range of types of

development which in principle are considered acceptable in the countryside and that will

contribute to the aims of sustainable development. The applicant has argued that the

proposal is in accordance with Policies CTY2a, & CTY 8 of Planning Policy statement 21

Sustainable Development in the Countryside.

CTY2a Dwelling within an existing cluster

This application was assessed under Planning Policy Statement 21, Policy CTY 2a New Dwellings in Existing Clusters. This allows for a dwelling at an existing cluster of development provided that all criteria is met which is as follows:

• The cluster of development lies outside of a farm and consists of four or more buildings excluding ancillary buildings such as garages, outbuildings and open sided structures) of which three are dwelling

• The cluster appears as a visual entity in the local landscape

• The identified site provides a suitable degree of enclosure and is bounded on at least two sides with other development in the cluster

• Development of the site can be absorbed into the existing cluster through rounding off and consolidation and will not significantly alter its existing character, or visually intrude into the open countryside

• Development would not adversely impact on residential

• The cluster is associated with a focal point such as a social/community building/facility or is located at a cross road.

This is a linear form of development with majority of dwellings enclosed by vegetation and

set back from the public road. When approaching the site the development does not appear

as a visual entity in the local landscape. Officers would also argue that there is no crossroads

and the focal building “The Belfray” somewhat visually detached from the dwellings on

Glenshane road and could not be deemed as a focal point associated with a cluster.

Appendix 14

View from Belfray Car park

The proposed site does have a degree of enclosure to the site, this is by reason of existing

mature vegetation. The majority of the proposed site is located to the rear of No 177a

Glenshane Road. However there are no views of the site from the Glenshane Road due to its

location and the existing vegetation.

At this location, the proposed site is not bounded on at least two sides with other

development. Only No 177a bounds the site on its northern boundary.

The developable area within the site is restricted by a combination of the sloping topography

of the site and 10m buffer required due to the proximity to Madam’s Burn. The proposed

dwelling would then have to be site on the lands to the rear of No 177a Glenshane Road.

Appendix 14

Photograph above shows site adjacent to No. 117a and the slope of the ground away to

Madam’s Burn.

Photograph above shows the boundary of the site with Madam’s Burn.

Development to the rear of the existing dwelling and associated amenity space would not be

considered as a rounding off or consolidation. In fact this would result in a degree of sprawl

into the countryside, which could be detrimental to the rural character of the area.

Therefore officers are of the opinion that the proposal fail to meet all criteria as set out in

policy CTY2a New dwellings in existing clusters.

Policy CTY8 Ribbon development.

Under this policy planning permission will be refused for a building which creates or adds to a

ribbon of development. An exception will be permitted for the development of a small gap

site sufficient only to accommodate up to a maximum of two houses within an otherwise

substantial and continuously built up frontage and provided this reflects the existing

development pattern along the frontage in terms of size, scale siting and plot size and meets

other planning and environmental requirements.

For the purpose of this policy the definition of a substantial and built up frontage includes a

line of 3 or more buildings along a road frontage without accompanying development to the

rear.

The proposed site is not considered as an infill opportunity. The proposed site would not be

deemed roadside frontage as it is set well back from the public road approximately 70m. The

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site is set behind mature vegetation with the curtilage/mature garden of No 175 providing a

buffer between Glenshane Road and the proposed site. The site is not bookended by

development within the cluster with a gap approximately 80metres with Madams burns

dissecting the gap.

As previously alluded to under Policy CTY2a any potential development on the proposed site

would have to be located on the lands to the rear of No 177a Glenshane Road. This is a

consequence of the 10m buffer NIEA has requested due to the close proximity of Madams

burn and due to the topography of the site. The development to the rear of No 177a provides

further evidence that the proposed site would not be deemed a gap site. It is clearly evident

from the view above that the proposed site does not have a common frontage onto

Glenshane Road or indeed the private lane which services No 177a Glenshane Road. As there

is no common frontage there is no gap.

Therefore the proposal fails to meet the criteria set out in Policy CTY8 in that there is no

common frontage, the gap between No 177a and 185 is large, and could if developed

accommodate more than 2 dwellings. The large gap also perform as a visual break between

development on both sides of Madams Burn.

CTY13 Integration and Design

The site has defined boundaries on its northern and eastern boundaries which provides a

degree of enclosure. The site integrates into the local landscape.

CTY14 Rural Character

The proposed site when viewed with existing development would result in suburban style

build-up of development. Approval of a dwelling on this site would have an adverse impact

upon the rural character and thus contrary to Policy CTY14 Rural Character.

11. Conclusion:

Having considered all material considerations, including the development plan, relevant

planning policies, and consultation responses it is considered that the proposal fails to meet

SPPS and PPS21 policies CTY1, CTY2a in that the site is not associated with a focal, social ,

community building or crossroads, it is not bounded on 2 sides by development in the cluster

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and the site would not be considered rounding off or indeed consolidation of the existing

cluster, CTY8 in that the is no common frontage and therefore no gap and the existing gap

provides a visual break and it large enough for more than 2 dwellings, and CTY14 as the

proposal would result in suburban form of development.

Therefore the Planning Authority recommend refusal of this site for a dwelling at this particular

location for the following reasons;

1. The proposal is contrary to Policy CTY1 of Planning Policy Statement 21, Sustainable

Development in the Countryside in that there are no overriding reasons why this

development is essential in this rural location and could not be located within a settlement.

2. The proposal is contrary to Policy CTY2a of Planning Policy Statement 21, New Dwellings in

Existing Clusters in that the proposed site is not associated with a focal, social or community

building, it is not bounded on at least two side with development, and the site would not be

deemed as rounding off or consolidation of the existing cluster.

3. The proposal is contrary to Policy CTY8 of Planning Policy Statement 21, Sustainable

Development in the Countryside in that the proposal would, if permitted, result in the

extension of ribbon development along Glenshane Road and also from the existing laneway.

4. The proposal is contrary to Policy CTY14 of Planning Policy Statement 21, Sustainable

Development in the Countryside in that the building would, if permitted, result in a

detrimental change to the rural character of the countryside by reason of ribbon and build-

up.