Appendix 6

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 31st January 2018

APPLICATION No: LA11/2016/0511/F

APPLICATION TYPE: Full

PROPOSAL: Erection of 16no. semi-detached dwellings (amendment to previous approvals A/2007/0375/F & A/2004/0037/F) and amendments to road layout (previously approved under LA11/2015/0286/F & A/2008/0005/F)

LOCATION: Lands within existing housing development at Gortin Meadows, Waterside, Derry

APPLICANT: Mr Billy Henderson, 60 Clooney Road, Derry

AGENT: Gradon Architecture, 9 Artillery Street, Cathedral Quarter, Derry, BT48 6RG

ADVERTISEMENT: 29.06.2016, 05.04.2017

STATUTORY EXPIRY: 13.07.2016, 19.04.2017

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: 5 or more residential units

All planning application forms, drawings, consultations, letters, representations etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

The proposal is for amendments to this section of the approved Gortin Meadows housing

development in Newbuildings. The amendments to the approval involve substituting the 15no.

apartments and 7no. semi-detached dwellings approved on this site with 16no. 2 storey semi-

detached dwellings. There are also minor amendments proposed to the approved road layout

and parking arrangements.

2. EIA Determination

This site falls below the size threshold of 0.5 ha for an urban development project and as such

does not need to have an EIA determination carried out.

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3. Site and Surrounding Area

The application site forms part of the Gortin Meadows housing development in Newbuildings, the

majority of which is either under construction or complete. The application site is a parcel of land

along the eastern boundary of the development to which has planning approval for housing and

apartments which comprised the previously approved sites 49 - 60. The approved access road but

has been constructed but the houses and apartments have not yet begun. This part of the site is

flat and bounded by vegetation along the eastern boundary. The northern and south western

boundaries with the adjacent dwellings are defined by a timber fence. The overall housing

development is characterised by mix of two and 1½ storey townhouses, two storey semi-detached

dwellings and two storey duplex apartments.

Figure 1: Site Location Plan

Figure 2: Application Site

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4. Site Constraints

Potential Archaeology

5. Neighbour Notifications

Neighbour Address Date Neighbour Notified22 Gortin Meadows, Newbuildings, Londonderry 05/07/2016, 27/03/2017, 17/10/2017232 Gortin Meadows, Newbuildings, Londonderry 05/07/2016, 27/03/2017, 17/10/201727 Duncastle Road, Newbuildings, LONDONDERRY, BT47 2QT 05/07/2016, 27/03/2017, 17/10/201722 Gortin Manor, Newbuildings, Londonderry 18/10/201785 Gortin Meadows, Newbuildings, Londonderry 18/10/2017

6. Relevant Site History

A/2007/0375/F Permission Granted 14.11.2007

Redesign of previously approved housing development & associated site works to provide 54

dwellings; 2 Storey townhouses (12no.), 2 Storey semi-detached houses (8no.), 3 Storey

apartments (6no.) 2½ Storey apartments (8no.), 2 Storey apartments (12no.), 1½ Storey

apartments (8no.)

A/2008/0005/F Permission Granted 16.04.2009

Redesign of previously approved housing development & associated site works - total of 129 units-

66no. two storey townhouses, 6no. one and a half storey townhouses, 26no. two storey semi-

detached houses, 31no. duplex two storey apartments.

A/2004/0037/F Permission Granted 11.03.2005

Housing Development incorporating 157 sites, roads, sewers and amenity areas. Access through

Gortin Manor. Construction access via Duncastle Road, through farm adjacent to Gortin Hall.

7. Policy Framework

Derry Area Plan 2011

Strategic Planning Policy Statement for Northern Ireland

Planning Policy Statement 3: Access, Movement and Parking

Planning Policy Statement 6: Planning Archaeology and the Built Heritage

Planning Policy Statement 7: Quality Residential Environments

Planning Policy Statement 7 Addendum: Safeguarding Character of Established Residential Areas

Planning Policy Statement 12: Housing in Settlements

Creating Places / Living Places

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8. Consultee Responses

NI Water have no objections to the proposal

Loughs Agency have no objections subject to a condition regarding discharge of storm water

HED Historic Monuments are content no further archaeological mitigation is required on this site

Environmental Health have no objections subject to informatives regarding construction

noise/dust

DFI Roads have no objections subject to conditions

9. Representations Consideration

A letter of support was received from the adjoining dwelling 232 Gortin Meadows

10. Planning Assessment and 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. The site forms part of Gortin Meadows housing development which is currently under

construction within the development limits of the village of Newbuildings as designated in Map

SE 5 of the Derry Area Plan 2011. The site has also previously been subject to archaeological

investigations. This proposal has therefore been assessed against the policy framework listed in

paragraph 7 and all other material considerations including consultation responses,

representations and relevant planning history.

Figure 3: Approved Layout (A/2007/0375/F) Figure 4: Proposed Layout

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The majority of the Gortin Meadows housing development is complete or under construction with

only the units on this application site (approved sites 49 - 60) and some in the west corner of the

development remaining to be built. The proposal is to substitute the 15no. apartments and 7no.

semi-detached dwellings approved on this site with 16no. semi-detached dwellings. The proposed

layout provides sufficient levels of private amenity space to the rear of each of the dwellings with

plot sizes, garden sizes and garden depths similar to those found elsewhere within the

development

Figure 5: Proposed Site Layout

The overall housing development is characterised by mix of two and 1½ storey townhouses, two

storey semi-detached dwellings and two storey duplex apartments. The proposed 2 storey semi-

detached dwellings are of the same design (house type T4) as those constructed elsewhere in i.e.

226 and 227 Gortin Meadows, and are therefore in keeping with the context of the overall

development in terms of design, scale and materials and will maintain the established residential

character. The landscaping of the overall housing development was approved under the previous

planning application and the current proposal indicates vegetation along the eastern boundary

which shall be conditioned to be retained.

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Figure 6: Proposed House Type Figure 7: Similar house types in development

The revised scheme alters the development proposed at the southern portion of the site from

4no. apartment buildings (comprising 13no. apartments) facing onto the access road to 6no. semi-

detached dwellings facing towards the gable of 232 Gortin Meadows with an area of communal

parking along the boundary of 232 Gortin Meadows. Although there will be a greater separation

distance between the built form on this section of the site, the revised layout will result in 4no. of

the new 2 storey dwellings facing onto the rear garden of the 232 Gortin Meadows. Whilst this

may introduce a level of overlooking which did not previously exist with the apartment

development, there will be at least 18 metres separation distance between these properties and

the Council have received a letter of support from 232 Gortin Manor advising that the

owner/occupier would prefer the semi-detached dwellings to the originally proposed apartments

which would have been closer to his property and of a higher scale.

The Planning Department initially had concerns with the proposals for the provision on an area

of communal parking (13 spaces) along the boundary of the rear garden of 232 Gortin Meadows

as it was felt that this would have a greater impact than the approved proposals which only had 4

spaces along this boundary. The agent has since incorporated a landscaped buffer and acoustic

fence between the communal parking area and the adjoining property to reduce the impact of

any associated noise upon the residential amenity of this property. Again, the owner of this

property supports the proposed scheme of development.

The communal parking area and in-curtilage parking to the front of the dwellings are similar to

parking arrangements is found elsewhere within Gortin Meadows and are considered acceptable

by DFI Roads.

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Figure 8: Acoustic fence and landscape buffer details

Overall, the proposed layout and house types satisfy the criteria set out in Policy QD 1 of PPS 7

and maintains the character of the development in accordance with the Addendum to PPS 7. The

development would not have a significantly detrimental impact upon the residential amenity of

the adjoining properties in terms of privacy, loss of light or noise and disturbance. The revised

layout will not prejudice road safety or significantly inconvenience the flow of traffic and adequate

provision has been made for parking and servicing arrangements in accordance with PPS 3. In

terms of archaeology, the site has previously been subject to archaeological investigations as part

of a planning approval for the overall housing development and NIEA Historic Monuments Unit

are content with the proposal which complies with PPS 6.

11. Conclusion and Recommendation

Having considered all material considerations, including the development plan, relevant planning

policies, consultations, representations and the planning history of the site and surrounding area

etc. approval is recommended.

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12. Conditions

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. Prior to occupation of any of the dwellings on the approved Sites 45 - 51, an acoustic fence

and landscape buffer shall be provided along the western boundary of the communal parking

area in accordance with the details indicated on the approved Drawing No. 02 Rev 5 date

stamped 11 January 2018. The acoustic fence shall be continuous with no gaps and shall have

a density of at least 25 kg/m².

Reason: To protect the amenity of adjoining residential properties.

3. If within a period of 5 years from the date of the planting of the landscape buffer indicated on

the approved Drawing No. 02 Rev 5 date stamped 11 January 2018, any 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 in the same place, unless the Council gives its written

consent to any variation.

Reason: To protect the amenity of adjoining residential properties.

4. The existing trees and hedge on the eastern site boundary as indicated on the approved

Drawing No. 02 Rev 5 date stamped 11 January 2018, shall be permanently retained unless

necessary to prevent danger to the public in which case a full explanation shall be given to the

Council in writing within 14 days.

Reason: To ensure the maintenance of screening to the site.

5. No retained tree shall be cut down, uprooted or destroyed or have its roots damaged within

the crown spread, nor shall arboricultural work or tree surgery take place or any retained tree

be topped or lopped, without the written approval of the Council. Any approved

arboricultural work or tree surgery shall be carried out in accordance with British Standard

3998, 1989, Recommendations for Tree Work.

Reason: To ensure the continuity of amenity afforded by existing trees.

6. If any retained tree is removed, uprooted or destroyed or dies within 3 years from the date of

occupation of the first dwelling hereby approved, another tree or trees shall be planted in the

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same place and those trees shall be of such size and species and shall be planted at such time

as may be specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

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

stamped approved Drawing No’s. 01, 03, 04 date stamped 2nd June 2016 and Drawing No. 02

Rev 5 date stamped 11th January 2017.

Reason: To ensure a satisfactory form of development.