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.