Appendix 16

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th March 2018

APPLICATION No: LA11/2017/0242/F

APPLICATION TYPE: Full

PROPOSAL: Retention of conversion of two storey mid terrace single occupancy dwelling

to a house of multiple occupancy

LOCATION: 20 Barry Street, Pennyburn, Derry, BT48 7PJ

APPLICANT: Dermot & Sinead McSorley

AGENT: Gavin Hegarty

ADVERTISEMENT: 14.03.2017

RE-ADVERTISEMENT: 26.12.2010 & 06.02.20187

STATUTORY EXPIRY: 21.02.2018

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: More than 5 objections

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

This proposal is for a change of use from family house to house in multiple occupation which will have

four bedrooms.

2. EIA Determination

This application has been screened by Council and as the development does not meet any thresholds,

as set down in The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017,

an EIA determination is not required.

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3. Site and Surrounding Area

The site is located centrally within Barry Street on the northern side of the road. It is an existing two

storey mid terrace building. It is finished in smooth painted render with wooden sliding sash windows

and a red front door. There is a small garden area to the front and a small rear yard.

Figure 1 – Site Location Plan

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Figure 2 – Application Site

The site is located within Derry City and therefore within the development limit as defined by the

Derry Area Plan 2011 (DAP 2011). It also lies within the Central Area. This is a high density residential

area and is characterised by rows of terraced two storey dwellings. These appear to be predominantly

single occupancy residential units. There is one other approved HMO on the opposite side of the

street at number 35. There are also commercial uses in this area.

4. Site Constraints

Loughs Agency Consultation Zone

Appendix 16

5. Neighbour Notification

All neighbours and objectors were re-notfiied on 14/12/2017 regarding the additional information

received from the applicant and again on 24/01/2018 due to an amended desription of the proposal.

6. Relevant Site History

There are no applications related directly to the application site. The below history is relation to the

nearby HMO.

APP REF PROPOSAL SITE ADDRESS DECISION DATE

A/2004/0114/F Extension plus alterations to existing dwelling in compliance with HMO standards

35 Barry Street, Londonderry,

BT48 7PJ

Permission Granted

06.05.2004

7. Policy Framework

Regional Development Strategy (RDS) 2035

Derry Area Plan (DAP) 2011

Strategic Planning Policy Statement (SPPS) for Northern Ireland 2015

Planning Policy Statement (PPS) 7 Quality Residential Environments

Planning Policy Statement (PPS) 7 Addendum Safeguarding the Character of Established

Residential Areas

Planning Policy Statement (PPS) 3 Policy AMP 7 Car Parking and Servicing Arrangements:

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8. Consultee Responses

NI Water: This consultee has no objection subject to standard conditions and informatives

regarding water supply, sewage disposal and drainage.

Transport NI: TransportNI advise that the proposal requires 2 car park spaces and that

there is no in-curtilage parking available. They have provided informatives should

planning be satisfied that car parking provision is not required.

Environmental Health Department (EHD): EHD have been consulted due to the potential

impacts on residential amenity. They have no concerns and have provided standard

conditions and informatives in order to mitigate against any potential impacts.

9. Representations

17 letters of objection have been received. Notably no further objections were received following

both sets of re-neighbour notification as detailed in section 5. With regards to the letters received,

15 of these take the form of a single letter reproduced 15 times and signed by 15 objectors at 12

address on Governor Street. There are two individual letters from two separate addresses, one of

Governor Street and one on Barry Street. A summary of the nature of the objections is as follows:

1) Lack of parking on this street for residents which this proposal will add to.

2) Noise impact by more than one resident living in the property coming and going and fire doors.

3) Invasion of privacy by more than one resident living in the property.

4) Accountability should issues arise with more than one resident living in the property.

5) Devaluation of property.

6) A HMO is unneighbourly – out of keeping with family homes.

7) High turnover of individuals.

10. Summary of Additional Supporting Information submitted by Applicant

The applicant has stated that he purchased the property and has carried out significant

refurbishment to the property.

He advised he lets this property out to European students attending the Foyle Language

School. He stated that to date he has not received any complaints from the adjoining

neighbours regarding noise and that he recently (15th September 2017) spoke with the

neighbours either side and received positive feedback. These students do not have a

drinking culture.

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He also claimed that he has visited the property on a number of occasions and has found

no issues with parking.

He believes that the students are enhancing the economic viability of local business in the

area and have brought family and friends to visit the city.

He also stated that he has employed a local estate agent to support him in managing

issues when he cannot respond to instantly.

11. Planning Assessment of Policy & 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.

Regional Development Strategy for Northern Ireland 2035: The RDS is a key document within the

planning system. It sets out strategic guidance which is used in the preparation of development plans,

planning policy statements and urban regeneration initiatives.

Strategic Planning Policy Statement: This is a material consideration and supersedes PPS 1 General

Principles. This new policy statement is the context by which planning applications will be assessed

and determined.

Para.2.3 states that the planning system operates in the public interest of local communities. The basic

question is whether the proposal would unacceptably affect amenities of owners or occupiers of

neighbouring properties and the existing use of the land and buildings that ought to be protected in

the public interest.

Derry Area Plan 2011:

Proposal CA1 Central Area: The Central Area is delineated based on consideration of urban

function, land use, topography and townscape.

Proposal CA 5 Protection of Residential Stock: The importance of retaining existing residential

areas within the Central Area is seen as a contributor to the general well-being of the Central

Area. Therefore, in such areas changes from residential to non-residential will not normally

be permitted.

Appendix 16

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.

Planning Policy Statements

PPS 7 Quality Residential Environments: Policy QD 1 Quality in New Residential Development.

Addendum to Planning Policy Statement 7 Safeguarding the Character of Established

Residential Areas: Policy LC 2 The Conversion or Change of Use of Existing Buildings to Flats

or Apartments.

PPS 3 Access, Movement and Parking: Policy AMP 7 Car Parking and Servicing Arrangements

There are no changes proposed to the front and rear elevations of the building or to the existing

internal layout. As can be seen below, the submitted plans show that there will be four bedrooms

spread over two floors (approximate internal floor space 331 square metres). There is a communal

living room, kitchen utility room on the ground floor. Externally, there is a small rear yard.

Appendix 16

Figure 3 - Plans

In respect of HMOs and in consideration of the above outlined policy the following is considered.

Principle of use/conversion of this building to a HMO

Primarily part (c) of Policy LC 2 of PPS 7 Addendum states that in terms of floor space the original

property must be greater than 150 square metres gross internal floor-space to ensure that they are

suitable for conversion, however an exception is permitted where the site is within the city/town

centre, along key and link transport corridors/adjacent to main public transportation nodes.

This dwelling has a floor space of approximately 92 square meters measured internally. Whilst below

the threshold identified, the site is located within the Central Area, and is adjacent the Strand Road

which is a main road and Public Transport Corridor as identified in Map 3 of DAP 2011. Therefore, it is

considered that the proposal meets this exceptions test.

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In consideration of parts (d) and (e) of Policy LC 2 the occupants of the proposed HMO will have shared

bathrooms and a shared kitchen\living area. It is therefore self-contained for use only by these people.

The rooms will be spread over the front and rear of the property and have a shared access to the

communal outdoor area with a pedestrian access onto the public street. Therefore the proposal is

compliant in this respect.

Impact on Character – Residential use & loss of family sized accommodation

As detailed previously, the established character of this street is single family occupancy dwellings

with one dwelling having previously been converted to a HMO

A HMO does not fall within any use class as contained within The Planning (Use Classes) Order

(Northern Ireland) 2015 and is therefore considered 'sui generis'. A HMO is also considered to be one

unit of accommodation. The Housing (NI) Order 2003 identifies an HMO as a house occupied by more

than two qualifying persons - being persons who are not all members of the same family.

The proposed conversion would therefore result in a residential end use and it would therefore

protect residential stock in the area in accordance with CA5 of the Area Plan. There is therefore no

loss of residential stock.

In terms of loss of existing family accommodation there is only one other HMO along this street of 42

properties. Therefore it is considered that the majority of dwellings on this street will remain in single

family occupancy use. The introduction of this HMO at this location would therefore not be

individually significant or harmful to the predominant single family character of the area. Given that

no significant changes are proposed to the dwelling it could easily be re-inhabited by a family should

the building be required for that use in the future.

Therefore this proposal is considered to be in compliance with Policy CA5 of the DAP 2011, Policy QD

1 of PPS 7 and Policy LC 2 of PPS 7 Addendum.

Additionally, as stated previously this proposal is for residential use and as it is considered as a unit of

accommodation it will not significantly alter residential character, thus it will conform with the

established residential character of the area in accordance with Policy BH 12 of PPS 6. Should any

complaints arise this would be subject of investigation by EHD.

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Impact on Character – Appearance of the area

In terms of the appearance of the building, there are no amendments proposed. It will retain its

original brick work and decorative finishes, maintaining its uniformity with the adjacent dwellings in

the terraced row. Therefore it can be concluded that the proposal is in compliance with part Policy

QD 1 of PPS 7 and Policy LC 2 of PPS 7 Addendum as well as policy BE1 of the Area Plan which relates

to Urban Design.

Parking Provision

TransportNI have been consulted and have stated that under current parking guidelines the proposal

would require 4 parking spaces. There is no increase in the number of rooms proposed as what

currently exists. Therefore it could be assumed that 4 adults could reside at this property (in one

family unit) and have equivalent vehicles which would be parked on-street or in nearby streets/public

car parking. Therefore, approval of this HMO would not result in any additional parking requirement

which would exist if the property were to remain in use as a single dwelling.

The agent has been requested to carry out a parking survey of this street. This has been submitted

and demonstrates that on each day of the survey and at both times survey there was parking

availability (the least spaces available being 6). A Planning Official has also visited the street in Summer

and also when the University had returned and observed that parking space were readily available

within the adjacent streets.

Additionally, it is noted that this site is approximately 10 minutes walking distance from the City Centre

and is well served by local busses which run to Foyle Street bus centre and around the City. Therefore

having considered the above, it is concluded that the proposal complies with Policy AMP 7 of PPS 3

and Policy QD 1 of PPS 7, Policy LC 2 of PPS 7 Addendum and Policy TR 5 of the DAP.

Residential Amenity – Occupiers of the HMO

The drawings show that this building is afforded a defined garden/yard with amenity space to the rear

the building. This area is approximately 22 square metres and is also typical of the amenity space

arrangement provided by the properties along this terraced row. The amenity space provided is

Appendix 16

considered sufficient to accommodate this dwelling unit given that it is within walking distance to

public open space areas e.g. Brooke Park.

It therefore can be concluded that this proposal complies with Policy QD1 of PPS 7, Policy LC 2 of PPS

7 Addendum and the SPPS with regard to provision of amenity of the future occupants of this dwelling.

Residential Amenity – Impact on nearby properties

The main concerns with residential amenity are, raised by objectors is in regard to the over-looking

and noise which may result into nearby properties. There are however there are no additional

windows proposed other than what exists at present to accommodate the existing dwelling. Therefore

it can be concluded that this HMO would not adversely affect the amenity of those nearby residents

and will conform with the established character of the area and as such it complies with Policy QD1 of

PPS 7, Policy LC 2 of PPS 7 Addendum and the SPPS with regard to the amenity of the occupants of

nearby properties.

Precedent

Although there may be an issue with regards to a precedent for further HMO development elsewhere

in the area, the Council is in a position to control this in deciding future applications and assessing the

point at which the character of the area would be changed. Council would be of the opinion that point

has not been reached at this stage in this specific area/street.

With regards to the additional points raised in the objection letters, in relation to the turnover of

tenants and devaluation, Planning do not have any control over the residents of any property and

property value is not a material consideration and cannot be afforded any weight in the determining

of this proposal. Other questions posed by one of the complainants have been responded to.

Consideration of objections raised and letter of support

As detailed in the previous section,

It is considered that this street provides sufficient parking, public transport and proximity to

the town centre negates the need for a car and 4 adults could reside in this property if it were

to be retained as a single family dwelling thus could have 4 cars which require parking space.

This proposal will be for a residential end use. EHD have provide advice for the applicant

regarding building materials which he will be informed of to reduce noise impact

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In term of privacy there are no additional windows proposed. There will be no additional

degree of over looking into private rear amenity space other than what exists at present.

The presence of this HMO on this street does not adversely affect the established character

of single family dwellings which remain the predominant use.

With regards to accountability, the applicant has advised that he is an active landlord who

deals with any issues and that in his absence he has employed a local estate agent to support

him in managing issues when he cannot respond to instantly. This is outside of Planning

control. As discussed above, if any issue arise regarding noise and disturbance, EHD will

investigate upon receipt of a complaint.

In consideration of devaluation of property, this is not a material planning consideration

With regards to the claims that there will be a high turnover of individuals as previously

advised the end use is residential.

12. Conclusion and Recommendation

Having considered the policy context, representations and all other material considerations, it is

recommended that the Planning Committee gives consideration to the professional report and

recommendation to grant planning permission for the proposed development subject to the condition

set out in section 12.

13. Conditions

1. This decision notice is issued under Section 55 of The Planning Act (Northern Ireland) 2011.

Reason: This is a retrospective application.

2. Subject to the above conditions, the development shall be carried out in accordance with the

stamped approved drawings No 01 and 02, which were received on 22nd February 2017.

Reason: To ensure the development is carried out in accordance with the approved plans.