Upload
lyquynh
View
219
Download
1
Embed Size (px)
Citation preview
Appendix 7
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 5 October 2016
APPLICATION No: LA11/2016/0221/F
APPLICATION TYPE: FULL
PROPOSAL: Proposed change of use of tea room / restaurant to dwelling and change of
use of caravan park service building / office to dwelling
LOCATION: 5-7 Millbrook Road, Newtownstewart
APPLICANT: Trevor McFarland
AGENT: Kieran Martin Architecture
ADVERTISEMENT: 24 March 2016
STATUTORY EXPIRY: 07 April 2016
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: The applicant is the spouse of a member of Senior
Council staff at Head of Service grade and above.
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 the change of use to dwellings of two buildings previously used as a tea room
/ restaurant and the other caravan park service building / office.
2. EIA Determination
The proposal is not EIA development.
3. Site and Surrounding Area
The application site comprises a single storey building located at the entrance to the site (see figure
3) and a two storey building located approx. 150m back from the public road (see figure 4).
Appendix 7
The site is generally flat in gradient and access to both buildings is existing and via one entrance onto
Millbrook Road. The boundaries of the site are defined by mature trees which screen the single storey
building from view until immediately opposite the site on the public road. The set back from the road
and the surrounding vegetation screen the two storey building to the extent that only glimpses of it
are possible from the public road. A stream known as Coolaghy Burn flows along the southern
boundary of the site this empties into a pond which previously served a mill building located north
west of the site.
The surrounding area is agricultural in nature comprising fields defined by strong boundary planting.
Figure 1: Site Location Map
Appendix 7
Figure 2: site layout showing the positions of both buildings and delineation of private amenity space
around the (existing) caravan park office / service building.
4. Site Constraints
A5 Western Transport Corridor – the site is within the land-take associated with the preferred
route of this proposed road.
5. Neighbour Notification Report
There are no neighbours of occupied buildings on a site adjoining the boundary of the application
site and within the notifiable distance of 90m.
6. Relevant Site History
J/1990/0328 – permission granted on site for proposed Leisure Park incorporating retention of
existing fish farm and provision of office/amenity block, 4 static caravans, 6 caravan hard
standings, change of use of existing dwelling to tea room, 1 toilet block and associated access road
and car parking.
J/1994/0122 - permission granted for retention of modified building for use as restaurant
J/1995/0125 - permission granted extension to restaurant
7. Policy Framework
Appendix 7
Strabane Area Plan 1986-2001
SPPS para 6.73 Residential Development: The conversion and re-use of existing buildings for
residential use.
PPS21 – CTY1, CTY4
PPS3
PPS2
8. Consultee Responses
Transportni – the site is identified as being within the land-take associated with the preferred
route of the A5 Western Transport Corridor. In respect of this matter it has been clarified that a
narrow strip of land is required for the installation of a storm drain. Thereafter T’ni responded to
a consultation in respect of amended plans regarding visibility splays providing conditions and
informatives.
NIEA Water Management Unit – informatives provided relating to connection to sewage
infrastructure
NIEA Natural Heritage and Conservation Areas – identifies that the site is within an area of
sensitivity for Northern Ireland priority habitat or priority species. There are records of hedgerow
habitat occurring within or adjacent to the site. Hedgerows are classified as priority habitat,
providing habitat for protected species including bats, badgers and wild birds.
Shared Environmental Services: This planning application was considered in light of the
assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc)
Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service on behalf of
Derry City and Strabane District Council which is the competent authority responsible for
authorising the project and any assessment of it required by the Regulations.
Outcome Having considered the nature, scale and location of the project it is concluded that,
provided mitigation is conditioned in any planning approval, the proposal will not have an adverse
effect on site integrity of any European site.
Appendix 7
Environmental Health – has no objection subject to conditions relating to potential land
contamination due to the previous use of lands as a spade foundry and lands in close proximity
being used as a flax mill.
NI Water – informatives provided. It is highlighted that no connection should be made to the public
sewer from 23 May 2016 until a mandatory sewer adoption agreement has been authorised by NIW.
However it is identified that the applicant proposes to discharge foul sewage to a septic tank.
Rivers Agency – the site outline in red is not affected by either surface water or fluvial flooding.
Loughs Agency - no objection
9. Representations
None received.
10. Planning Assessment, including Other Material Considerations
Section 6(4) of the Planning (Northern Ireland) Act 2011, requires the Council to make planning
decisions in accordance with the area plan for the council area unless material considerations
indicate otherwise. The Strabane Area Plan 1986-2001 applies in this case. The site is located in
the rural remainder outside the development limits of any settlement.
Strategic Planning Policy Statement (SPPS)
The SPPS introduces transitional arrangements which will operate until the Council’s Plan Strategy
has been adopted. During this period Planning Authorities will apply existing policy (in this case
PPS2, 3, & 21 – the retained policies) together with the SPPS. Any conflict between the SPPS and
the retained policies must be resolved in favour of the SPPS.
As the development is in the countryside, Policy CTY1 of PPS21 provides the policy context. Policy
CTY1, identifies a range of types of development that are, in principle, acceptable in the
countryside. One of these is the conversion and re-use of existing buildings where the proposal
complies with the requirements of Policy CTY4.
PPS21 - Policy CTY4
Under Policy CTY4, planning permission will be granted for proposals for the sympathetic
conversion, with adaption if necessary, of a suitable building for a variety of uses which
Appendix 7
would secure its upkeep and retention. The proposals will be required to be of a high design
quality and meet the following criteria:
The building is of permanent construction
The reuse or conversion would maintain or enhance the form and would not have an
adverse effect on the character or appearance of the locality.
Any new extensions are sympathetic to scale, massing and architectural style and
finishes of the existing building.
Not unduly affect the amenities of nearby residents or adversely affect the continued
agricultural use of adjoining land/buildings
The nature and scale of any proposed non-residential use is appropriate to
countryside location.
All necessary services are available
Access to the public roads will not prejudice road safety.
SPPS:
The SPPS policy consideration is provided under Paragraph 6.73 Non-Residential Development: The
conversion and re-use of existing buildings for residential use.
This policy requires that provision should be made for the sympathetic conversion, with adaption
if necessary, of a locally important building as a single dwelling where this would secure its upkeep
and retention.
Para 1.12 of the SPPS states that where it introduces a change of policy direction and/or provides
a policy clarification that would be in conflict with the retained policy the SPPS should be accorded
greater weight in the assessment of individual planning applications.
Regarding conversion of existing buildings for residential use, Policy CTY4 references ‘a suitable
building’ whereas the SPPS references a ‘locally important building’.
Appendix 7
Para 1.12 of the SPPS also states that where it is less prescriptive on a particular planning policy
matter than retained polices this should not be judged to lessen the weight to be afforded the
retained policy. Policy CTY4 is more prescriptive in respect of the range of criteria which require
to be met than the SPPS. This being the case, the criteria in policy CTY4 must also be addressed in
consideration of this application.
Buildings to be Converted:
The SPPS requires that the buildings to be converted are of local importance. In this case it is
evident from the planning history (see section 6 above) that these buildings have long established
approved leisure uses which attracted visiting members of the public. Whilst not currently
operational, the uses which include fish farm, touring and static caravan park and restaurant
would have attracted patrons from wider than the local area so it is reasonable to define these
buildings as being buildings of local importance. Accordingly the proposal is acceptable in
principle.
Figure 3: former caravan park office / service building
Appendix 7
Figure 4: former tea room / restaurant
The remaining criteria under CTY4 must also be considered. These are taken in turn:
The building is of permanent construction:
Both buildings are of permanent construction and despite being currently
unoccupied for their approved uses, appear to be in a reasonably good state of repair
(see figures 3 and 4 above).
The reuse or conversion would maintain or enhance the form and would not have an
adverse effect on the character or appearance of the locality:
As can be seen by comparing the photos of the current appearance of the buildings
and the proposed plans (available on the planning portal) the form of the buildings is
maintained. Accordingly their re-use would not have an adverse effect on the
character or appearance of the locality.
Appendix 7
Any new extensions are sympathetic to scale, massing and architectural style and
finishes of the existing building: Proposed plans indicate that some minor internal
and external adaptations are proposed to make the buildings suitable for human
habitation. These include:
Single storey building:
o provision of windows – as there are no near neighbours there are no issues
regarding overlooking.
Two storey building
o Externally – provision of porch and first floor terrace area. In respect of the
first floor terrace there are no near neighbours which would be impacted by
potential overlooking.
o Internal rearrangement of floor space to provide kitchen, living room and
bedrooms.
Not unduly affect the amenities of nearby residents or adversely affect the continued
agricultural use of adjoining land/buildings:
The previous use of the buildings and land as a) caravan park and b) restaurant were
uses which attracted visiting patrons in numbers which it would be reasonable to
assume were higher than would be generated by residential dwellings. The proposal
will not therefore unduly affect the amenities of nearby residents or adversely affect
the continued agricultural use of adjoining land/buildings.
The nature and scale of any proposed non-residential use is appropriate to
countryside location: Not applicable in this case.
All necessary services are available: Public water supply is available and sewage
disposal is by septic tank.
Appendix 7
Access to the public roads will not prejudice road safety: Transportni has been
consulted and is satisfied, subject to condition, that safe access can be achieved.
PPS2:
Policy NH1 European and Ramsar Sites – International
This planning application was considered in light of the assessment requirements of Regulation
43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as
amended) by Shared Environmental Service on behalf of Derry City and Strabane District Council
which is the competent authority responsible for authorising the project and any assessment of it
required by the Regulations.
Outcome: Having considered the nature, scale and location of the project it is concluded that,
provided mitigation is conditioned in any planning approval, the proposal will not have an adverse
effect on site integrity of any European site (see condition 4 in section 12 below).
Policy NH2 – Species Protected by Law & policy NH5 – Habitats, Species or Features of Natural Heritage Importance
NIEA Natural Heritage and Conservation Areas – identifies that the site is within an area of
sensitivity for Northern Ireland priority habitat or priority species. There are records of hedgerow
habitat occurring within or adjacent to the site. Hedgerows are classified as priority habitat,
providing habitat for protected species including bats, badgers and wild birds.
In this case, no hedging / trees are being removed but will instead be conditioned for retention.
It is also the case that it is not necessary to replace the roofs of the buildings in question, so if
bats are using either building, their habitat is also being protected. As habitat is being retained,
any protected species which use it for foraging, resting or for breeding opportunities will not
have their habitat adversely impacted. This being the case it is not considered that surveys are
required. The site is occupied by buildings which require minimal intervention to restore them to
use. Accordingly the proposal is considered unlikely to result in the unacceptable adverse impact
on priority habitat or species.
Appendix 7
11. Conclusion and Recommendation
The buildings which are the subject of this application are demonstrated to be locally important.
They appear to be in reasonably good structural repair and require minimal intervention to make
them habitable. As discussed above the proposal complies with the requirements of the policies
identified and approval is therefore recommended.
12. Proposed Conditions
1. The development hereby permitted shall be begun before the expiration of 5 years from the date
of this permission.
Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.
2. The existing trees defining the boundaries of the site, as indicated on drawing no. 02(rev 01) date
stamped 07 June 2016, shall be permanently retained unless necessary to prevent danger to the public
in which case a full explanation along with a scheme for compensatory planting shall be submitted to
and agreed in writing with the Council, prior to removal.
Reason: In the interests of visual amenity, to ensure that the proposed development does not
prejudice the appearance of the locality and to ensure retention of priority habitat.
3. The dwellings hereby permitted shall not be occupied until the existing natural roadside native
species hedgerow has been reinstated behind the required sight visibility splays.
REASON: To ensure the proposal is in keeping with the character of the rural area and to ensure
continued provision of priority habitat.
4. A suitable buffer of at least 10m must be maintained between the location of machinery refuelling,
storage of oil/fuel, concrete mixing and washing areas, storage of machinery/material/spoil etc and
any watercourses onsite or adjacent to the site.
Reason: To protect the site selection features and conservation objectives of the River Foyle and
Tributaries SAC.
Appendix 7
5. The vehicular access, including visibility splays of 2.4 x 60 metres shall be provided in accordance
with Drawing No. 02 rev 01 date bearing the date stamp 7 June 2016, 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. Should any unforeseen ground contamination be encountered during the development works
hereby approved, and in order to protect human health, all works on the site should immediately
cease. The Planning and Environmental Health Services of Derry City and Strabane District Council
shall be informed and a full written risk assessment in line with current government guidance (Model
Procedures for the Management of Land Contamination – CLR11) that details the nature of the risks
and any necessary mitigation measures should be prepared, submitted for appraisal and agreed with
the Planning and Environmental Health Services of Derry City and Strabane District Council.
Reason: To Protect Human Health and environmental receptors.
7. If measures are required as per Condition 6 it will be necessary for the applicant to
demonstrate through a verification report that the site is now fit for end use. It must demonstrate
that the identified pollutant linkages are effectively broken. The Verification Report shall be in
accordance with current best practice as outlined by the Environment Agency. The Verification Report
methodology shall be agreed in advance with the Planning Service, in consultation with the
Environmental Health Service and all works carried out to the satisfaction of the Council.
Reason: To Protect Human Health and environmental receptors.