Appendix 17

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 6 November 2019

APPLICATION No: LA11/2019/0437/F

APPLICATION TYPE: Full Permission

PROPOSAL: Proposed 5 No. 2 storey dwellings and new access via Cottage Row

LOCATION: Lands to rear of 38 Main Street, Eglinton, L'Derry

APPLICANT: RE Development

AGENT: 5050 Architecture

ADVERTISEMENT: 05.06.2019

STATUTORY EXPIRY: 19.06.2019

RECOMMENDATION: Refusal

REASON FOR PRESENTATION TO COMMITTEE: Proposal for 5 dwellings, 9 objections received (from

different addresses), Refusal recommended

All planning application forms, drawings, letters etc. relating to this planning application are

available to view on www.planningni.gov.uk

1.0 Description of Proposed Development

1.1 Proposed 5 No. 2 storey dwellings and new access via Cottage Row.

2.0 Site and Surrounding Area

2.1 The site is located within the development limits of Eglinton as defined in the Derry Area

Plan 2011 (DAP 2011). Approximately half of the site is on lands zoned for recreation and

open space use (Figure 1). It is located north of Main Street and to the east of the dwellings

on Cottage Row (Figure 2). The site is flat and bounded to the north and east by hedging.

There is boundary vegetation associated with the dwellings on Cottage Row along the

western boundary. The southern boundary is undefined. The site is to the west and south

of an existing Playing Field (Figure 3). The access point is on Cottage Row, between Nos 3

and 5 (Photo 4). The area is predominantly characterised by housing and local shops such as

a Chinese Takeaway and the Green Cat Bakery. Eglinton Cricket Club and a small play park

are also located nearby, off Cottage Row.

Appendix 17

Figure 1: Extract From Derry Area Plan 2011

3.0 EIA Determination

3.1 The application was considered against Schedule 2, Category 10 (b) – Urban Development

projects of the Planning (EIA) Regulations (NI) 2017. As the site area is under 0.5Ha and is

not in a sensitive area, it was determined that an EIA was not required.

4.0 HRA

4.1 The potential impact of this proposal on Special Protection Areas, Special Areas of

Conservation and Ramsar sites has been assessed in accordance with the requirements of

Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland)

1995 (as amended). The proposal would not be likely to have a significant effect on the

features of any European site.

Appendix 17

Figure 2: Site Location Plan

Figure 3: Ortho photography of Site from Spatial NI

Appendix 17

Photo 1: View on site looking towards the dwelling No.38 Main Street

Photo 2: View on site looking towards the rear boundary

Appendix 17

Photo 3: View on site looking towards the side boundary along Cottage Row

Photo 4: View of site access at Cottage Row

Appendix 17

5.0 Site Constraints

5.1 Lands Zoned for Recreation and Open Space

Several Archaeological Sites and Monuments

6.0 Neighbour Notification Report

Neighbour Address

1 Cottage Row,

Eglinton,

Co Derry,

BT47 3PJ

2a Cottage Row

Eglinton

Londonderry

BT47 3PJ

2b Cottage Row

Eglinton

Londonderry

BT47 3PJ

2c Cottage Row

Eglinton

Londonderry

BT47 3PJ

3 Cottage Row

Eglinton

Londonderry

BT47 3PJ

4 Cottage Row

Eglinton

Londonderry

BT47 3PJ

5 Cottage Row

Eglinton

Londonderry

BT47 3PJ

5a Cottage Row

Eglinton

Londonderry

BT47 3PJ

6 Cottage Row

Eglinton

Londonderry

BT47 3PJ

7 Cottage Row

Eglinton

Londonderry

BT47 3PJ

Appendix 17

7a Cottage Row

Eglinton

Londonderry

BT47 3PJ

9 Cottage Row

Cottage Row

Eglinton

Londonderry

BT47 3PJ

2 Cottage Park,

Eglinton,

Londonderry,

Northern Ireland,

BT47 3YR

5 Cottage Park

Eglinton

Londonderry

BT47 3YR

32 Main Street

Eglinton

Londonderry

BT47 3AD

34 Main Street

Eglinton

Londonderry

BT47 3AD

36 Main Street

Eglinton

Londonderry

BT47 3AD

36a Main Street,

Eglinton,

Londonderry,

BT47 3AD

40 Main Street,

Eglinton,

Londonderry,

BT47 3AD

7.0 Relevant Site History

None relevant.

8.0 Policy Framework

RDS 2035 - Policy RG8 - Manage housing growth to achieve sustainable patterns of

residential development.

Derry Area Plan 2011 – Policy H1 Housing Design and Layout - This sets the policy context

for development within all new housing developments. The applicable policy refers to

Appendix 17

development being of a size and character that reflects the surrounding development that

also includes the provision of open space and complies with all other relevant plan policies.

Policy BE1 - Urban Design - This policy requires development proposals to make a positive

contribution to townscape and be sensitive to the character of the area surrounding the site

in terms of design, scale and use of materials.

Policy SE1 – Development within Villages and Small Settlements – States that proposals for

development within settlement limits will normally be acceptable, provided they are in

keeping with the size and character of the settlement and do not lead to a loss of amenity.

Specific requirements for Eglinton are at Section 16.

Policy R1 - Protection of Zoned Recreation and Open Space Areas - states that the Planning

Authority will not permit proposals for built development in areas zoned as Recreation and

Open Space, except where the development is related to the existing use, the development

provides leisure facilities or any replacement buildings do not exceed the site coverage of

the existing development.

Strategic Planning Policy Statement for NI – The SPPS is a statement of Regional planning

policy to be applied 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 Access, Movement and Parking – 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 lists the criteria to be met by housing schemes and Policy QD 2 requires the submission

of a Design Concept Statement demonstrating how the scheme will meet these criteria.

PPS 7 Addendum Safeguarding the Character of Established Residential Areas – Policy LC 1

Protecting Local Character, Environmental Quality and Residential Amenity states that 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, where all the criteria set out in Policy QD 1 of PPS 7 and all the

additional criteria set out in LC 1 are met.

Appendix 17

PPS 8 Open Space, Sport and Outdoor Recreation - Policy OS 1 ‘Protection of Open Space’

states that development will not be permitted that would result in the loss of existing open

space or land zoned for the provision of open space.

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.

PPS 13 Transportation and Land use – Guides the integration of transportation and land

use, particularly through the preparation of development plans. It can also be a material

consideration in individual planning applications.

Creating Places/Living Places – This is guidance to aid designers in creating quality

residential developments.

DCAN 8 - Provides advice which will help to ensure that urban and environmental quality is

maintained, amenity preserved, and privacy respected when proposals are being considered

for new housing development within existing urban areas.

9.0 Consultee Responses

DfI Roads – refusal reason regarding visibility splays.

NI Water - No objection.

Environmental Health – No objection.

NIEA Water Management Unit – no objection.

Shared Environmental Services – No objection.

Historic Environment Division – HED: Historic Buildings No objection.

Historic Environment Division: Historic Monuments (HED: HM) No objection subject to

conditions.

10.0 Representations

10.1 Letters of objection have been received from 9 addresses to date. The main issues raised by

objectors are as follows and are considered below:

1. Roads issues: Increased traffic and congestion/parking issues including:

Cottage Row is a narrow dead end residential street. It now has more traffic due to the

development of Cottage Park. The entrance to the football field is at the end of Cottage

Row and cars are parked when waiting, collecting or dropping off those using the

Appendix 17

football pitch. High footfall of pedestrians using Cottage Row from St. Canice’s Park to

go to the village.

Currently do not have sufficient on road parking for the residents of Cottage Row.

Cottage Row houses traffic from residences and overflow from Eglinton Cricket Club,

school buses (bus stop located at the end of the road which blocks the exit), Eglinton

Community Centre, Football club traffic, traffic from adjacent businesses, busy adjacent

play park. Traffic issues are endangering the children trying to cross the road.

Numerous incidents and accidents at this junction already. Serious safety concerns that

this will exacerbate the current situation causing more incidents and accidents.

Disabled people/children/prams have to walk on the road as they can’t get past the cars

blocking the paths.

Cars struggle to get down Cottage Row between the cars parked on both sides and an

ambulance was prevented from getting to the bottom of Cottage Row to attend a sick

patient. More properties in the street would add to the “already bottleneck situation of

the local road infrastructure”. The bin lorry and road sweeper have difficulty visiting

the street due to the amount of cars parked.

Junction of Cottage Row and Main Street is already a very difficult junction due to poor

visibility/sight lines and cars parked on Main Street, making it difficult to exit Cottage

Row safely. More cars will make this even more difficult. Growing traffic congestion

issue on Cottage Row and trying to manoeuvre onto Main Street from Cottage Row.

Increasingly high volume of traffic is a serious safety matter for pedestrians and

vehicles.

The play park may be renovated which will encourage more people to park down

Cottage Row.

Consideration: The congestion and parking issues raised are existing issues. DfI Roads were

consulted on two occasions (on 26/09/19 they were asked to comment on Roads issues

raised by objectors) and initially requested amendments, which were provided by the agent.

DfI Roads consider that the amended plans remain inadequate and provided a refusal

reason relating to visibility splays.

2. Several objections proposes accessing the houses from Main Street via the existing

entrance to the site.

Consideration: This was raised at an Office Meeting on 11th September 2019 with the

applicant and agent and they did not wish to amend the proposed access. They felt that

Appendix 17

they could not achieve the required sightlines onto Main Street and that access would be

difficult due to the nearby coffee shop and customers parking along Main Street. Access

onto Main Street is not proposed in the plans and has not been considered by DfI Roads.

3. Neighbour notification issues – neighbours state they have not been notified.

Consideration: Neighbour notification was carried out in line with standard procedures, as

per legislative requirements. No prejudice has been caused as the objectors are aware of the

proposal and have submitted objections.

11.0 Planning Assessment, including Other Material Considerations

11.1 Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires Council to make planning

decisions in accordance with the local development plan (LDP), unless material

considerations indicate otherwise. The Derry Area Plan 2011 operates as the development

plan for this area.

Derry Area Plan 2011

Open Space

11.2 The site is within the settlement limits of Eglinton and approximately half of this site is zoned

as Recreation and Open Space use. Policy R1 seeks to protect zoned recreation and open

space areas.

Housing Developments

In respect of new housing developments, Policy H1 of DAP 2011 requires high standards of

design and layout and refers to development being of a size and character that reflects the

surrounding development and complies with all other relevant plan policies.

Regional policy

11.3 Current regional policy for consideration of residential development within settlements is

provided by Planning Policy Statement 7 which is identified by the SPPS as a retained policy

document. Other retained policy documents material to consideration of this application

are (PPS2, PPS3, PPS7 Addendum, PPS8, PPS12) and guidance provided by DCAN8, Creating

Places and Living Places. The SPPS is also a material consideration. It introduces transitional

arrangements which will operate until the Council’s Plan Strategy has been adopted. During

this period planning authorities will apply the existing policies (contained in the PPSs,

referred to as the retained policies) together with the SPPS. The SPPS states that where

Appendix 17

there is any conflict between the SPPS and the retained policies or any policy clarification

provided in the SPPS that would conflict with the retained policies, the SPPS should be

accorded greater weight in the assessment of individual planning applications. The

requirements of the Planning Policy Statements is set out below and it is considered that

there is no conflict between the SPPS and the retained policy documents identified above.

11.4 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. The SPPS states that within established

residential areas it is imperative to ensure that the proposed density of new housing

development, together with its form, scale, massing and layout will respect local character

and environmental quality as well as safeguarding the amenity of existing residents.

Planning Policy Statement 7 - Quality Residential Environments

Planning Policy Statement 7 Policy QD 2 Design Concept Statements, Concept Master Plans

and Comprehensive Planning

11.5 Whilst a Design and Access Statement has been submitted with the application this is not

a Design Concept Statement. All applications for housing developments are required under

policy QD 2 to be accompanied with a Concept Plan and Statement for the site. A Design

Concept Statement is necessary to demonstrate how the proposed scheme has taken into

account of the main features of the site and its context and how it will meet the criteria of

QD1 of PPS 7. The submission of Design Concept Statements are required to support all

planning applications for residential development. This information is necessary for both

outline and full planning applications to show how the developer will deliver a quality

residential environment on a particular site. It will indicate how the design concept has

evolved and provide a clear idea of what is intended for the site. Without submission of this

supporting information; a satisfactory layout and design that meets acceptable quality

standards cannot be guaranteed. No Concept Statement was submitted to support the

application. Insufficient information has therefore been provided to demonstrate that the

proposed scheme takes into account the main features of the site and its context. This is

considered further in the detailed assessment of the agent’s layout plans submitted as set out

below in assessment of QD1.

Appendix 17

Planning Policy Statement 7 Policy QD1 Quality in New Residential Development

11.6 In respect of the quality of the residential environment to be provided by this proposal,

Policy QD 1 ‘Quality in New Residential Development’ of PPS 7 and Policy LC 1 ‘Protecting

Local Character, Environmental Quality and Residential Amenity’ of PPS 7 addendum apply.

Policy LC 1 is an amplification of Policy QD1 and states that in established residential areas,

planning permission will only be granted to accommodate new housing, where all the

criteria set out in Policy QD 1 and all the additional criteria (a)-(c) are met. PPS 12 further

elaborates and applies to all residential development proposals within cities, towns, villages

and small settlements in Northern Ireland. It promotes increased housing density without

town cramming, good design and sustainable forms of development.

11.7 In assessing this proposal, the application has not met all of the criteria (a-i) as set out in

Policy QD1. These criteria are discussed below.

Layout and form of the development

11.8 In assessing housing proposals in established residential areas the Planning Authority will

need to be satisfied that unacceptable harm will not be caused to the local character,

environmental quality or residential amenity of the area. Particular account will be taken of

the spacing between buildings, the safeguarding of privacy, the scale and massing of

buildings, the use of materials, impact on existing vegetation and landscape design.

11.9 The development proposes 5 dwellings, 2 No. semi-detached and 3 No. detached dwellings,

in an area predominantly characterised by semi-detached and detached single storey and

two storey dwellings, which face onto the public roads at Cottage Row and Main Street.

11.10 The proposed site layout is shown in Figure 4. Officers consider that the layout shown fails to

demonstrate that a quality residential environment will be provided for future occupants of

the proposed dwellings and existing residents of Cottage Row for the following reasons:

The dwelling proposed on site 3 is on a restricted site given the proposed size of the

dwelling and is therefore located in very close proximity to the access roadway and

as such the amenity and privacy of the occupants is likely to be detrimentally

impacted by passing vehicles and pedestrians.

A footpath is required within the development for pedestrian safety, but is not

indicated on plan. In its current form the provision of a footpath is likely to impact on

Appendix 17

the positioning of dwellings and parking provision indicated to the front of the

dwellings. If members are minded to approve the development, footpath provision

and the consequential impact on site layout needs to be further explored with the

agent.

Figure 4: Site Layout Plan

The applicant and agent advise that the internal access road will remain private and

will not be adopted by DfI Roads. This means that refuse lorries will not access the

site. Future residents will therefore be required to put their bins on the public

footpath on Cottage Row. 5 additional bins on the public footpath will impact the

residential amenity of the occupants of Cottage Row in terms of visual amenity and

achieving safe access to their dwellings especially of nos. 3 and 5 which are located

either side of the proposed access to the site.

The proposed access onto Cottage Row may also impact on the residential amenity

of the occupants of Nos. 3 and 5 Cottage Row due to noise and other disturbance

caused by the vehicular traffic accessing the site. It has not been indicated what

form of boundary treatment is proposed along the northern and southern boundary

of the access road to mitigate noise / disturbance from vehicular traffic, visitor

parking and to protect the privacy of the rear amenity spaces of Nos. 3 and 5.

Appendix 17

Design and Finishes

11.11 There are 4 proposed house types, which are all two storey with common form/design and

finishes (figures 5-8 inclusive). The dwellings are all finished smooth render painted white

and will have grey zinc roofs to the porches, black pvc windows and black roof tiles. The

proposed design is acceptable in this urban context.

Figure 5: House Type A

Appendix 17

Figure 6: House Type B

Figure 7: House Type C

Appendix 17

Figure 8: House Type D

Dwelling size

11.12 Criteria (c) of LC 1 is met, in that all the proposed dwellings are larger than the 100-120m2

space standard for a 4 bedroom 2 storey house, as outlined in Annex A.

Archaeology, Built Heritage and landscape features

11.13 With regard to built heritage, HED considers that the proposed development is sufficiently

removed from the listed building - HB01 03 006 Eglinton Post Office (Grade B2) - as to

remain unaffected by this application and the proposal complies with SPPS 6.12

(Development proposals impacting on Setting of Listed Buildings) of the Strategic Planning

Policy Statement for Northern Ireland (SPPS): Planning for Sustainable Development and

BH11 (Development affecting the Setting of a Listed Building) of the Department's Planning

Policy Statement 6: Planning, Archaeology and the Built Heritage.

In respect of archaeology, HED is content that the proposal satisfies the requirements of PPS

6, subject to conditions for the agreement and implementation of a developer-funded

programme of archaeological works to identify and record any archaeological remains in

Appendix 17

advance of new construction, or to provide for their preservation in situ, as per Policy BH 4

of PPS 6. Conditions are provided. In terms of landscape features, the agent has indicated

that boundary hedging is to be retained.

Private and public open space provision and local neighbourhood facilities

Private Amenity Space

11.14 In terms of open space provision, there is no requirement for a development of this size,

comprising 5 dwellings, to provide public open space.

11.15 Private amenity space for each of the dwellings proposed is located to the rear of each

dwelling and ranges from approximately 85-130m2. This meets the 70m2 per house standard

in Creating Places. The proposed Site Plan indicates that all existing boundaries and

vegetation are to be retained and also enhanced by new tree planting. There will be limited

views of the site from surrounding public roads. Local neighbourhood facilities are not

required due to the scale of this scheme. Due to the location of the site within Eglinton

village, residents will be within walking distance to local facilities, shops, schools, and areas

of open space and recreation.

Residential amenity

11.16 Creating Places (Para 7.16) states where the development abuts the private garden areas of

existing properties, a separation distance greater than 20m (between the opposing rear first

floor windows of new houses) will generally be appropriate to minimise overlooking, with a

minimum of around 10m between the rear of new houses and the common boundary.

11.17 The proposed dwelling on Site 5 is sited approximately 5m from the neighbouring boundary

with No.s 1 and 2c Cottage Row and the side elevation of the proposed dwelling will face the

rear elevations of No.s 1 and 2c Cottage Row. The proposed dwelling on Site 5 is sited

approximately 25m from No. 1 Cottage Row and approximately 19m from the neighbouring

dwelling at No.2c Cottage Row.

11.18 The proposed dwelling on Site 3 is sited approximately 7.5m from the neighbouring

boundary with No. 3 Cottage Row and the rear elevation of the proposed dwelling will face

Appendix 17

the rear elevation of No.3 Cottage Row. The proposed dwelling on Site 3 is sited

approximately 24m from the neighbouring dwelling at No. 3 Cottage Row.

11.19 The proposed dwelling on Site 2 is sited approximately 2.5m from the neighbouring

boundary with No. 5/5a Cottage Row and the side elevation of the proposed dwelling will

face the rear elevation of No.5. The proposed dwelling on Site 2 is sited approximately 26m

from the neighbouring dwelling at No. 5 Cottage Row.

11.20 Whilst the separation distances to the common boundary are restricted, there will be no

adverse effect on the adjoining dwellings at No.s 1, 2c, 3 or 5 Cottage Row in terms of

overlooking, loss of light or overshadowing as the plans indicate bathroom and en suite

rooms at first floor level with obscure glass on Sites 2, 3 and 5. This will have no detrimental

impact on privacy for the rear garden areas of the dwellings at No.s 1, 2c, 3 or 5 Cottage Row

by preventing overlooking from upper floor windows. There are also intervening

outbuildings at No.s 3 and 5 Cottage Row. The outbuilding shown on the Site Plan to the

rear of No.1 Cottage Row does not exist on the ground. The proposed dwellings will all

overlook the proposed new roadway within the development therefore providing

supervision of this area thus helping to deter crime.

Zoned Open Space

11.21 Policy OS 1 ‘Protection of Open Space’ of PPS 8 states that development will not be

permitted that would result in the loss of existing open space or land zoned for the provision

of open space. The policy advises that a presumption against the loss of land zoned for the

provision of open space will apply, irrespective of its physical condition and appearance.

However an exception is permitted where it is clearly shown that redevelopment will bring

substantial community benefits that decisively outweigh the loss of open space. The policy

amplification in para 5.5 advises that in such cases, applicants will be generally be expected

to demonstrate that their proposals are supported by the local community.

11.22 Approximately half of the application site is on lands zoned for recreation and open space

use in the Derry Area Plan 2011. However the site comprises the linear rear garden area of

No.38 Main Street and this is not an “amenity green space” of public value as defined in

Annex A of PPS 8. The agent submitted a Design, Access and Planning Statement in August

2019. This presents the applicant’s position that the site is within the rear amenity space of

Appendix 17

No.38 Main Street, Eglinton. The agent also submitted legal documentation/deeds on 18th

September 2019 to illustrate that the applicant has owned the property and the area subject

of the application since 1957. The agent stated that “this confirms that this rear garden was

never public property as public open space is totally wrong and a drafting error.”

11.23 The agent contends that the site is and has functioned as the rear amenity space for No.38

Main Street. It is inaccessible to the public and is only used by the applicant and his family.

The agent states that “the site has always remained divided from the existing green amenity

space adjacent by a large hedge and that the zoning reflects a drafting error. The zoning

significantly erodes the applicant’s rights to normal enjoyment of his property. There is no

reasonable expectation that the site will ever be utilised as public open space, the site was in

ownership and use as a private garden at the time of zoning and remains so now. The client

may exercise his permitted development rights and erect a structure on this site at his

leisure.” It is noted that the applicant did not object to the open space zoning at the

Representations/Public Inquiry stage of the Derry Area Plan. The agent states that Annex A

does not identify private garden as a type of open space which is worthy of protection under

OS 1. The agent argues that development of this site addresses a shortcoming in this type of

new, affordable family properties in Eglinton.

11.24 As the applicant has submitted a copy of deeds indicating that the site has been garden area

since 1957 and this predates the area plan zoning, officers accept development of the site

will not in this circumstance result in the loss of open space contrary to Policy OS 1.

Access, Movement and Parking

Parking

11.25 In terms of parking provision, the proposed plans indicate 3 parking spaces per dwelling and

this is sufficient as per the guidance provided in Creating Places and DCAN 15 Parking

Standards.

Access

11.26 The proposal does not comply with PPS 3, as adequate access arrangements have not been

provided. In their response dated 20/06/19 DfI Roads requested an amended Site Layout

Plan to provide details including visibility splays, access geometry and the design of the

turning head. The agent submitted amended roads details on 18/09/19 and DfI Roads were

Appendix 17

re-consulted. They commented regarding Drawings 03 (rev 1), 04 (rev 1) and 05 (rev 1):

“following a second site visit on 9th October and a review of the previously submitted

drawings, it is clear that the Agent has manipulated the road layout in order to show the

required visibility splays of 2.0m x 50.0m on the site plan drawing 03 (rev 1), the footway has

been widened and the carriageway narrowed by up to 600mm. This is not acceptable to DfI

Roads. The required visibility splays are not available in the non-critical (left) direction. It is

noted that the internal access road is to remain private, however, DfI Roads would point out

that the proposal does not provide a safe and quality layout for the following reasons:

No provision for Pedestrian movements within the development

No sightlines at dwelling accesses

No FSD on the bend in front of site 1

Insufficient drainage shown within the development

DfI Roads is not satisfied that larger vehicles, such as lorries, will be able to access

the site.”

If Members are minded to approve the application, further information/amended plans are

required to demonstrate that safe access can be achieved.

Natural Heritage Interests

11.27 The impacts of the proposal on designated sites and other natural heritage interests have

been considered. There are no natural heritage interests on the site. SES were consulted

and commented that the potential impact of this proposal on Special Protection Areas,

Special Areas of Conservation and Ramsar sites has been assessed in accordance with the

requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations

(Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant

effect on the features of any European site. The proposal therefore complies with Policies

NH 1 and NH 5 of PPS2.

11.28 In summary, the proposal does not meet the requirements of the SPPS, Policy H1 of DAP2011

Policy QD 1 of PPS7 Policy LC 1 of PPS7 (addendum) or Policy QD 2.

Appendix 17

12.0 Conclusion and Recommendation

12.1 The proposal is unacceptable in that it is contrary to the SPPS and Policies QD1 of PPS 7

and Policy H1 of the DAP 2011, in that it has not been demonstrated a quality residential

environment can be achieved, as it will fail to respect the character of the surrounding

area due to the size and scale of the development and would result in a pattern of

development out of keeping with the overall character and environmental quality of the

established residential area.

12.2 The proposal is contrary to Policy AMP 2 of PPS 3 in that it would, if permitted, prejudice

the safety and convenience of road users since visibility splays from the proposed access

cannot be provided.

12.3 Other material considerations have also been taken into account, including the

consultation responses, objections, which, on balance, justify a refusal of the application.

Therefore refusal is recommended for the following reasons.

13.0 Refusal Reasons

1. The proposal is contrary to the SPPS, Policy H1 of the DAP 2011 and Planning Policy

Statement 7 Quality Residential Environments, as it has not been demonstrated that the

layout will not cause unacceptable adverse effects on existing and proposed residents due to

loss of privacy, noise or other disturbance.

2. The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking,

Policy AMP 2, in that it would, if permitted, prejudice the safety and convenience of road

users since visibility splays of 2.0 metres x 50.0 metres from the proposed access cannot be

provided in accordance with the standards contained in the Department’s Development

Control Advice Note 15.