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).

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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

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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

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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.

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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

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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’.

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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

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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.

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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.

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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.

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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.

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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.