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Appendix 7

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 3rd May 2017

APPLICATION No: LA11/2016/0716/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Proposed residential development of 24 no two storey houses and 6 no

apartments with landscaped amenity space in the form of a village green,

internal road layout and suds / permeable surfaces with retention tank for

surface water drainage.

LOCATION: Lands at Cloghole Road, Campsey Settlement

APPLICANT: The McGinnis Group

AGENT: ASI Architects Ltd

ADVERTISEMENT: 06/07.09.2016

STATUTORY EXPIRY: 20/21.09.2016

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Housing development over 5 units.

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 proposal is for Proposed residential development of 24 no two storey houses and 6 no apartments

with landscaped amenity space in the form of a village green, internal road layout and suds/permeable

surfaces with retention tank for surface water drainage.

2. EIA Determination

An EIA determination was carried out as the site is greater than 0.5ha (site area is 2.226 ha); however,

it was determined that no Environmental Statement was required as there would be no significant

environmental impacts. The potential impact of this proposal on Special Protection Areas, Special

Areas of Conservation and Ramsar sites has also been ‘appropriately assessed’ in accordance with the

http://www.planningni.gov.uk/

Appendix 7

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

Ireland) 1995 (as amended), and Shared Environmental Services considered that the proposal would

not be likely to have a significant effect on the features of any European site.

3. Site and Surrounding Area

Site Location Plan

The proposed site is approx. 2.226 ha located on unzoned lands but within the development limits of

Campsey as defined in the Derry Area Plan, which advises that “there is potential for additional

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residential expansion”. The topography is essentially flat throughout the site. There is no vegetation

within the site.

Application site within the context of Campsey

The area is characterised by residential development to the east and north. To the north, there is an

existing housing development known as Carmoney Park; to the east is a row of road frontage detached

dwellings onto the Cloghole road. Further to the east of the site there is an existing large shed with an

approved gospel hall just east of the shed.

4. Site Constraints

There are no constraints on the application site, however the site is adjacent to a gas pipeline and

close to the River Faughan.

5. Neighbour Notification Report

Neighbour Address Date Neighbour Notified

19 Cloghole Road Campsey Upper Campsie Londonderry Londonderry BT47 3JW

8/26/16

20 Cloghole Road, Campsey Upper, Campsie, Londonderry,Londonderry, BT47 3JW

8/26/16

22 Clooney Road Campsey Upper Ballykelly Londonderry BT47 3JW

8/26/16

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8/26/16


8/26/16


8/26/16

29 Cloghole Road, Campsey Upper, Campsie, Londonderry,Londonderry, BT47 3JW

8/26/16


8/26/16


8/26/16

All relevant neighbours have been notified on the application.

6. Relevant Site History

7. LA11/2015/0682/PAD - Proposed Phased housing Development with new Village Green at

Cloghole Road, Campsey. (50-70 units).

8. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting

the housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Derry Area Plan - The site is located on Whiteland within Campsey as defined in the Derry Area Plan.

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Policy BE1 Urban Design - 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 H1 Housing Design and Layout – requires a high standard of Design and Layout in all new

housing developments.

Strategic Planning Policy Statement for NI – The SPPS is a statement of the Department’s policy on

important planning matters that should be addressed across NI. The provisions of the SPPS apply to

the whole of NI and 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,

natural heritage etc.

PPS 3 Development Control: Roads Considerations – 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 of this PPS lists the criteria to be met by housing

schemes and requires the submission of a Design Concept Statement demonstrating how the scheme

will meet these criteria.

Proposed Layout

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Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation - Sets out the policies for

the protection of open space, the provision of new areas of open space in association with residential

development.

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

developments.

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 15 Planning and Flood Risk – sets out the Planning policies to minimise and manage flood risk.

9. Consultee Responses

River Agency – The applicant has produced two Flood Risk Assessments; Rivers Agency while not

being responsible for the preparation of the Assessment accepts its logic and has no reason to

disagree with its conclusions. Consequently, Rivers Agency cannot sustain a reason for objecting of

this proposed development from a drainage or flood risk perspective and have provided conditions

in the event of an approval.

Berm remedial works

Environmental Health – has no objection subject to conditions to ensure noise associated from the

A2 road network and Cloghole Road is addressed through conditions which have been provided in

addition standard informatives relating to noise and dust have been provided.

Appendix 7

Loughs Agency – has no objections subject to conditions.

Shared Environmental Services – The site originally could not connect to the mains sewage system

and could not be screened out by SES. However this was resolved, the site will now as a result of a

revised consultation with NI Water connect to the mains sewage system. SES having considered the

nature, scale, timing, duration and location of the project it is concluded that it is eliminated from

further assessment because it could not have any conceivable effect on the selection features,

conservation objectives or status of any European site.

NI Water - Public water supply, foul sewer and surface water sewers whilst not located within 20m of

the proposal have available capacity. Standard informatives provided.

Transport NI – Adequate access arrangements and parking have been provided within the site.

Transport NI has provided conditions and informatives relating to the adoption of the road and Private

Streets Determination.

Site and location of access point

Health and Safety Executive NI – The site is in close proximity to an existing gas pipeline. HSENI

returned stating that they would “not advise against” the development as the threshold is at a density

less than 40 dwellings per hectare.

NIEA Waste Management Unit – Waste Management (WM) notes that there are no records of

previous potentially contaminating land uses on this application site or in the adjacent area. The

proposed development is therefore considered to be a low risk to the water environment. WM

would have no objection to any planning application subject to the recommended Conditions and

Informatives.

NIEA Natural Heritage – considered the impacts of the proposal on designated sites and other natural

heritage interests and on the basis of the information provided is content.

Appendix 7

10. Representations

No representations received.

11. Planning Assessment, including Other Material Considerations

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

decisions in accordance with the local development plan, unless material considerations indicate

otherwise.

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other

material considerations including the Regional Development Strategy; the Strategic Planning Policy

Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 8 Open Space and Outdoor

Recreation; PPS 7 Quality Residential Environments; PPS 3 Access Movement and Parking, and

supplementary guidance in ‘Creating Places’, as well as consultation responses and the representation

received.

The Strategic Planning Policy Statement for NI (SPPS)

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.

Derry Area Plan 2011

The application site is located on Whiteland within the development limits of Campsey as defined in

the Derry Area Plan, the principle of housing is therefore acceptable on this site.

Photo of application site

Appendix 7

Planning Policy Statement 15 Planning and Flood Risk

The proposal meets the requirement of PPS 15 policy FLD 3; two Drainage Assessments were

submitted throughout the processing of the application, and Rivers Agency has no objection. Issues

raised during the application include the repair of the existing berm on the south western boundary;

resolution of the surface water treatment measures and the raising of the levels on site.

Planning Policy Statement 3 Access Movement and Parking

The proposal complies with PPS 3, as adequate parking provision for the site has been provided. The

road is to be adopted by Transport NI. Conditions have been provided from TNI relating to the

adoption of the road and Privates Streets Determination.

PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development

All of the QD1 criteria (a-i) are expected to be met, the proposed layout meets all the requirements

of each criterion and has complied with the policy.

Apartment Elevations

Planning Policy Statement 8 – Open space

The proposed site in conjunction with phase 1 of the development (LA11/2016/0294/F) has combined

to provide a large central open space to tie both phases of the development together. The proposed

open space is of sufficient size and will provide a high quality open space that can not only be enjoyed

by the new residents but by the existing residents of Cloghole.

Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Derry Area Plan and other

material considerations; specifically, the proposal is on Whiteland where the principle of housing is

acceptable. The layout meets the criteria of QD1 of PPS 7 and a quality residential environment can

be achieved. There is the provision of infrastructure works in accordance with PPS 3; open space and

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landscaping in accordance with PPS 8; sewerage and land drainage in accordance with PPS 15; all of

which are supported through the SPPS for NI. Other material considerations have also been taken into

account, including the letter from the Northern Ireland Housing Executive, and overall it supports an

approval of the application for social housing.

It is therefore recommended that the Council’s Planning Committee approve planning permission

LA11/2016/0294/F for the proposed development subject to conditions set out below;

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby

permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. During the first available planting season after the occupation of any dwelling unit hereby

approved, or as otherwise agreed in writing with the Council, all landscaping shall be carried out in

accordance with drawing no 15 date stamped 28/10/16.

Reason: In the interest of visual and residential amenity.

3. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree,

shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the

Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size

as that originally planted shall be planted at the same place, unless the Council gives its written

consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

4. The boundary treatments to each dwelling unit as identified on drawing no 02 rev A date

stamped 07/02/17 shall be completed prior to the occupation of each individual unit hereby

approved.

Reason: To secure a quality residential environment

Appendix 7

5. Each building shall be provided with such sanitary pipework, foul drainage and rain-water

drainage as may be necessary for the hygienic and adequate disposal of foul water and rain-water

separately from that building. The drainage system should also be designed to minimise the risk of

wrongly connecting the sewage system to the rain-water drainage system, once the buildings are

occupied.

Reason: In order to decrease the risk of the incorrect diversion of sewage to drains carrying

rain/surface water to a waterway.

6. All storm water from the development site should not be discharged to nearby watercourses unless

first passed through pollution interception and flow attenuation measures.

Reason: To prevent pollution of surface waters.

7. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment)

(Northern Ireland) Order 1992.

The Council hereby determines that the width, position and arrangement of the streets, and the land

to be regarded as being comprised in the streets, shall be as indicated on Drawing No 13 rev C bearing

the date stamp 15/03/17.

Reason: To ensure there is a safe and convenient road system within the development and to

comply with the provisions of the Private Streets (Northern Ireland) Order 1980.

8. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment)

(Northern Ireland) Order 1992. No other development hereby permitted shall be commenced until

the works necessary for the improvement of a public road have been completed in accordance with

the details outlined blue on Drawing No 13 rev C bearing the date stamp 15/03/17.

The Council hereby attaches to the determination a requirement under Article 3(4A) of the above

Order that such works shall be carried out in accordance with an agreement under Article 3 (4C).

Appendix 7

Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient

means of access to the development are carried out.

9. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the

first 5 m outside the road boundary. Where the vehicular access crosses footway, the access gradient

shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there

is no abrupt change of slope along the footway.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the

convenience of road users.

10. Notwithstanding the provisions of the Planning (General Development) Order (NI) 1993 no garages shall be sited closer than 6.0 metres from the back of the footway or the near edge of a shared surface carriageway.

REASON: To ensure that there is space for a parked vehicle without encroaching onto the footway or service strip.

11. No dwellings shall be occupied until that part of the service road which provides access to it has been constructed to base course; the final wearing course shall be applied on the completion of the development.

REASON: To ensure the orderly development of the site and the road works necessary to provide satisfactory access to each dwelling

12. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.

REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

13. The visibility splays at the junction of the proposed access road with the public road, shall be provided in accordance with Drg No 13 rev C bearing the date stamp 15/03/17, prior to the

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commencement of any other works or other development.

Reason : to ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

14. Prior to occupation of the first dwellings all works required to raise the application site in

accordance with Drg No 13 rev C bearing the date stamp 15/03/17 shall be completed prior to the

commencement of development. This should be completed to rivers Agency satisfaction.

Reason: in the interests of public safety.

15. If during the development works, new contamination or risks to the water environment are

encountered which have not previously been identified, works should cease and the Department

shall be notified immediately. This new contamination shall be fully investigated in accordance with

the Model Procedures for the Management of Land Contamination (CLR11). In the event of

unacceptable risks being identified, a remediation strategy shall be agreed with the Department in

writing, and subsequently implemented and verified to its satisfaction.

Reason: Protection of environmental receptors to ensure the site is suitable for use.

16. After completing any remediation works required under condition 15 and prior to

occupation of the development, a verification report needs to be submitted in writing and agreed

with Department. This report should be completed by competent persons in accordance with the

Model Procedures for the Management of Land Contamination (CLR11). The verification report

should present all the remediation and monitoring works undertaken and demonstrate the

effectiveness of the works in managing all the risks and achieving the remedial objectives.

Reason: Protection of environmental receptors to ensure the site is suitable for use.

17. Should the development of this proposal result in any works in, near or liable to impact a

watercourse, a Construction Method Statement (CMS) must be submitted to the Planning Authority,

for consultation and agreement with NIEA Water Management Unit, at least eight weeks prior to the

commencement of construction. The CMS should include all necessary pollution prevention measures

to protect the water environment during the development of this proposal.

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Reason : To Protect Human Health

18. Before any development commences on site, a detailed Earthworks Management Plan shall

be submitted for approval in writing to the Planning authority, to include methods of control of run-

off from working areas, and mitigating measures to prevent pollution of watercourses, during the

construction phase. The development shall be managed in accordance with the approved Plan

Reason: To prevent pollution of surface waters.

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